To give our clients and potential clients a better understanding of the types of cases we handle and the recoveries we make for our clients, we have put together a list of some of our landmark cases. If you are interested in cases from a particular subject, simply click on the topic below and you will be taken directly to that subject.
Catastrophic Injury Cases Frankovich v. Asplundh Tree Expert Co., et al.
Plaintiff, an electrical lineman, suffered electrocution when he came in contact with 13,700 volt tension lines while working in an Asplundh line lift bucket truck. Plaintiffs alleged design defect in the controls of the bucket in that they were confusing and reversed directions when the bucket was operated in an over center position (over 90°), making it unreasonably dangerous to the operator. Mr. Frankovich lost his left arm, all his back muscles and suffered serious internal injuries.
Settlement: $2,450,000.00 Stenger v. American Honda Motor Co. Inc.
Young boy injured while riding a Honda ATV (3 wheel motorbike). Plaintiff injured when ATV rolled over, landing on top of him, leaving him a paraplegic. Plaintiff alleged defective design of motorbike.
Settlement: Stipulated Non-Disclosure of Amount, very substantial. John Doe v. ABC Hospital and physicians
Plaintiff was admitted to the hospital emergency room with complaints of stomach pains. He was diagnosed with gall stones and stabilized. Two days later, the treating surgeon recommended gall bladder surgery. Plaintiff was not a candidate for a surgical procedure because of other health concerns including hypertension, cardiomegaly, sleep apnea, morbid obesity and a history of psychiatric treatment. The patient underwent the procedure and during the reversal from anesthesia, he suffered a hypoxic injury leaving him in a comatose state. He has remained in a coma since 1994.
Settlement: confidential but substantial
Defective Product Cases The Estate of Max Harrell (deceased) v. Gaylord Foundry Equipment Co., et al.
Plaintiff, Max Harrell, deceased, was a 61 year old man working at an aluminum coring foundry when a solenoid gassing valve stuck open, causing sulfur dioxide gas to leak into the ambient work air. Mr. Harrell was a known asthmatic and was exposed to the gas, causing an asthma attack which resulted in suffocation and death. The widow brought suit alleging product defect and failure to warn. Defendants contended the employer misused the product and Plaintiff should not have been working in that environment.
Settlement at trial: $575,000.00 Randall Figuly v. Fortune Products, Inc. et al.
Plaintiff, a 26 year old line cook, was injured when the knife sharpener he was utilizing fractured in his hand allowing the knife to run free lacerating his wrist, partially severing the nerves, tendons, and muscles in his left hand. Plaintiff alleged negligent design, manufacture and inadequate warnings on the knife sharpener. Defendants contended misuse of the product by the Plaintiff and his employer.
Settlement: $436,838.00 Joe Frankovich v. Asplundh Tree Expert Co., et al.
Plaintiff, an electrical lineman, suffered electrocution when he came in contact with 13,700 volt tension lines while working in an Asplundh line lift bucket truck. Plaintiffs alleged design defect in the controls of the bucket in that they were confusing and reversed directions when the bucket was operated in an over center position (over 90 degrees), making it unreasonably dangerous to the operator. Mr. Frankovich lost his left arm, all his back muscles and suffered serious internal injuries.
Settlement: $2,450,000.00 Ancil v. Press Automation Systems, Inc.
Defective decoiler machine caused Plaintiff injury including loss of testicle and knee problems. Manufacturer found liable for negligent design and inadequate safety warnings.
Verdict: $2,500,000.00 Stenger v. American Honda Motor Co. Inc.
Young boy injured while riding a Honda ATV (3 wheel motorbike). Plaintiff injured when ATV rolled over, landing on top of him, leaving him a paraplegic. Plaintiff alleged defective design of motorbike.
Settlement: Stipulated Non-Disclosure of Amount, very substantial.
Hazardous Substances / Pollution Cases Shumaker v. Oliver B. Cannon and Sons
Plaintiff injured while working as a carpenter foreman at Perry Nuclear Power Plant when he inhaled chemicals being sprayed containing Methylene Chloride. Plaintiff contracted pancreatic cancer and eventually died in 1984.
Verdict: $750,000.00 The Estate of Max Harrell (deceased) v. Gaylord Foundry Equipment Co., et al.
Plaintiff, Max Harrell, deceased, was a 61 year old man working at an aluminum coring foundry when a solenoid gassing valve stuck open causing sulfur dioxide gas to leak into the ambient work air. Mr. Harrell was a known asthmatic and was exposed to the gas causing an asthma attack which resulted in suffocation and death. The widow brought suit alleging product defect and failure to warn. Defendants contended the employer misused the product and Plaintiff should not have been working in that environment.
Settlement at trial: $575,000.00
Medical Malpractice Cases Belcher v. Mt. Sinai Medical Center, et al.
Death of 49 year old female due to medical negligence of misdiagnosing obstructed bowel.
Settlement: $425,000.00 Ziska v. Kaiser Permanente, et al.
Medical malpractice. Failure to diagnose stomach pain resulting in duodenal ulcer.
Jury Verdict: $250,000.00 Thomas Ortman, et al. v. John Doe, M.D., et al.
Plaintiff, a 37 year old man, was diagnosed with testicular seminoma Stage I causing the removal of his right testicle. After completing post surgical radiation treatments, he was discharged with a clean bill of health from his physician's care. Five months later, Plaintiff experienced severe pain in his lower back and abdomen, causing him to return to the emergency room. At that time, he was diagnosed with a mixed germ cell tumor, with masses around his kidneys and in the muscle areas surrounding his kidneys. Plaintiffs alleged that the Defendants failed to diagnose the mixed germ cell tumor, misread the original pathology findings and discharged the patient without appropriate follow-up care. This resulted in the spread of cancer causing Mr. Ortman to undergo additional chemotherapy treatments and 19 unnecessary radiation treatments. As of resolution to this claim, Plaintiff had recovered and was cancer free.
Settlement: $200,000.00 Ralph DePolo, et al. v. John G. Pasalis, M.D.
Plaintiff was a 67 year old man who presented to the Defendant urologist on referral from his general physician for concerns related to microscopic blood in his urine. Plaintiff also had a urinary tract infection and hesitation in his stream of urine. Defendant performed numerous tests to screen the prostate, but neglected to pay attention to the results of an IVP film which indicated a suspicious area in the bladder. Plaintiff was next seen by the Defendant one year later on follow up with gross blood in his urine. The Defendant treated the prostate, but ignored the bladder over the course of the next six months. Plaintiff sought a second opinion and was diagnosed with a huge bladder tumor. Eventually, his bladder was removed and he was left with a stoma and an external pouch for urine retention.
Jury Verdict: $300,000.00 John Doe v. ABC Hospital and physicians
Plaintiff was admitted to the hospital emergency room with complaints of stomach pains. He was diagnosed with gall stones and stabilized. Two days later, the treating surgeon recommended gall bladder surgery. Plaintiff was not a candidate for a surgical procedure because of other health concerns including hypertension, cardiomegaly, sleep apnea, morbid obesity and a history of psychiatric treatment. The patient underwent the procedure and during the reversal from anesthesia, he suffered a hypoxic injury leaving him in a comatosed state. He has remained in a coma since 1994.
Settlement: confidential but substantial The Estate of Robert Mills v. United States of America
Plaintiff alleged medical negligence when a 57 year old male presented to Wright Patterson Air Force Base Medical Center for treatment of a progressive sore throat. Plaintiff's decedent sat in the emergency room for over 1 hour before being seen and then after consultation with a physician, sat for two additional hours before going into full respiratory arrest. Defendants contended that arrest was sudden and not clinically foreseeable. Decedent was diagnosed with epiglotittis, a viral condition causing swelling of the epiglottis. Subsequent creation of an airway was untimely and resulted in hypoxia, shock lung, eventual ARDS, multi system failure and death.
Settlement: $500,000.00 John Doe, et al. v. Dr. John Doe, et al.
Plaintiff suffered a stroke while under the treatment and care of Defendant at his natural health institute while on a supervised therapeutic fast. Plaintiff suffered partial left-sided paralysis as a result of the stroke.
Settlement: undisclosed Kromer v. Akron Children's Hospital, et al.
Medical malpractice. Failure to diagnose perinatal hydrocephalic condition.
Settlement: $250,000.00 Okey, et al v. Gerald Smith, M.D. et al.
Medical malpractice. Perforated colon.
Settlement: $135,000.00 Rita Long, et al. v. St. Joseph Hospital, et al.
Medical malpractice alleged involving failure to diagnose and treat preclampsia leading to fetal demise.
Settlement: $120,000.00 Lisa Richards v. D. Lyons, M.D. and Westlake Hospital.
Medical Malpractice. Left-sided deficit (arm and leg)alleged; misdiagnosis of stroke-in-evolution.
Settlement: $300,000.00 Fishman v. Akron General Hospital.
Plaintiff in hospital for minor surgery when breathing tube became blocked with mucus and she went into cardiac arrest.
Settlement: $750,000.00 Anthony Herega v. J. Chambers, M.D.
Medical Malpractice. Severed nerves and muscles in left eye causing permanent facial and eyelid droop.
Jury Verdict: $285,000.00
Motorcycle/ATV Cases Stenger v. Honda Manufacturing of America, Inc.
Young boy injured while riding a ATV (3 wheel motorbike). Plaintiff injured when ATV rolled over, landing on top of him, leaving him a paraplegic. Plaintiff alleged defective design of motorbike.
Settlement: Stipulated Non-Disclosure of Amount, very substantial. Medved v. McNeal
Plaintiff was hit from behind while stopped at a traffic light on his motorcycle. As a result of his injuries he required surgery to repair broken bones and internal injuries.
Judgement: $300,000.00
Personal Injury Cases In Re: The Matter of Chris Florek
Plaintiff, a 17-year-old male who was a passenger in an automobile, was injured in an auto accident which occurred when the driver of the vehicle lost control of the automobile and slammed into a bridge overpass. Injuries consisted primarily of scarring to the boy's face, necessitating surgical repair.
Settlement: $102,500 (full policy limits) Mirza Agha v. J.B. Hunt
Soft Tissue injuries to 50 year old male.
Settlement: $50,000.00 Williams v. Kreidler Construction
General contractor liability for multiple injuries on job site.
Settlement: $35,000.00 James McCaulley et al. v. James E. Lyles, et al.
Plaintiff was working in the bucket of a line lift bucket truck, repairing a traffic signal over an intersection. Defendant, operating a semi tractor trailer truck passed under the traffic signal and hit the bottom of the bucket, catapulting Plaintiff 30 feet into the air. Plaintiff landed on the cement sidewalk, fracturing two vertebrae, herniating a disk, fracturing his wrist and injuring his lung.
Settlement: $385,000.00 Everitt Weekley, et al. v. D & S Distribution Co.
Plaintiff, a 72 year old man was traveling with his wife when a semi-tractor-trailer made an illegal lane change, contacting the rear of Plaintiff's vehicle. A crash ensued and Plaintiff was injured, suffering a perirenal hematoma, requiring exploratory laparoscopic surgery. Plaintiff suffered additional bruising all over his body and other soft tissue injuries.
Settlement: $130,000.00 Mike Revak v. Cortez III Service Corp.
Plaintiff was riding a bicycle against traffic on private property when he was hit by a security car making a right turn on red at an intersection. Plaintiff suffered four broken ribs, separated shoulder and head trauma resulting ina post traumatic seizure disorder.
Jury Verdict: $152,124.00 (Minus comparative) Martha Kirkbride, et al. v. Raymond Sanders
Plaintiff was injured while a passenger in a vehicle hit by defendant's car. Plaintiff hit her head on the windshield and suffered no documented neurological deficit. Unexplainably, she temporarily regressed to the mentality of a child. She was diagnosed with post traumatic stress disorder.
Settlement: $92,500.00 Williams, et al. v. Certified Crane, Inc.
Fall down elevator shaft resulting in multiple injuries.
Judgment: $900,000.00 Jody Morgan v. G.E. Equipment Co.
Woman injured when hit in her car by a cement truck pulling out of a driveway into oncoming traffic. The impact fractured her pelvis and caused other serious debilitating injuries.
Verdict: $375,000.00 Karen Spohn v. Finast
Slip and fall with fractured left thigh bone.
Jury Verdict: $85,000.00 Christina Evans, et al. v. Margaret Golem
19 year old girl hit by drunk driver. Facial lacerations and soft tissue injuries. Defendant was depressed over recent divorce and had consumed alcohol and medication prior to operating her vehicle, leading to collision.
Settlement: $75,000.00 Beth Christinsen v. Ryder Temperature Control
Auto Accident. Left arm with extensive deep seated injuries requiring repeated bone grafts. Settled prior to trial.
Settlement: $325,000.00 Elbert Carty v. C. Simovic Auto Accident. Fractured ankle and low back disc herniation. Jury Verdict: $115,000.00 Bemes v. Standard Oil Co. and The City of Cleveland
Plaintiff paralyzed from neck down when her car collided with Standard Oil truck. Plaintiff swerved to miss a poorly lighted street sweeper which was partly blocking the roadway when the accident occurred.
Settlement: $900,000.00
Railroad Crossing Accident Cases: Ruzendall v. Norfolk Southern Corp.
Collision between Plaintiff's automobile and Defendant's train. Plaintiff claimed hazardous crossing. Defendant claimed Plaintiff had been drinking.
Verdict: $1,500,000.00 (Minus Comparative) Sheets v. Norfolk Southern Railroad, et al.
Railroad grade crossing collision involving the instant death of 10 year old female. Defendants found negligent for creating ultra-hazardous crossing.
Verdict: $2,500,000.00 (Largest wrongful death-only verdict for 10 year old girl in the State of Ohio). Dugger v. Norfolk Southern Railroad, et al.
Railroad grade crossing collision involving the instant death of 34 year old female. Defendants found negligent for creating ultra-hazardous crossing.
Verdict: $1,250,000.00 Vargo v. CSX Transportation
Railroad grade crossing collision involving soft tissue.
Settlement: $40,000.00 Bagshaw v. Norfolk Southern Railroad, et al.
Fifteen year old female struck on train tracks.
Settlement: $75,000.00
Premises Liability/Unsafe Environments/Inadequate Security Cases 1993 Williams, et al. v. Certified Crane, Inc.
Fall down elevator shaft resulting in multiple injuries.
Judgment: $900,000.00 David Buckley v. Alfalfas Enterprises, Inc. dba Slam Jams, et al.
Plaintiff, a business invitee, was assaulted by 3 to 5 other patrons at the Slam Jams Sports Bar and Grill. Plaintiff claimed the bar maintained inadequate security for the safety of its customers. Defendants contended that they should not be held responsible for the unforeseeable criminal acts of third parties and that Plaintiff contributed to his own injuries. Plaintiff sustained spinal cord injury including Brown Sequard Syndrome. As a result, he experienced atrophy of the right shoulder, arm and loss of dexterity in right hand as well as numbness in his left lower quadrant and a surgical laminectomy of C4-C7.
Settlement at trial: $850,000.00 Caraballo v. Gannon:
Plaintiff was a tenant in an apartment building owned by defendant and leased to defendant landlord. She was descending the stairway when she fell, fracturing her ankle. The stairway did not have a handrail . Plaintiff alleged that defendants violated the law by failing to provide a handrail which would have prevented the fall.
Jury Verdict: $25,000 Jane Doe v. ABC University
A 17 year old student was sexually assaulted by a non-student intruder while practicing voice at her state university in a conservatory rehearsal room. Plaintiff claimed the defendant university negligently failed to provide a safe environment for students and negligently maintained the locks on both the outside and inside building doors, allowing the intruder access to the building and this young girl. The university claimed that adequate security was maintained and that the building was part of the public institution and therefore not restricted.
Settlement: confidental Eric Schulenburg, et al. v. Catawba Island Club, et al
Wrongful death of a 10 year old girl hit by a car when crossing a street while at Defendant's club.
Jury Verdict: $1,000,000.00
Work Place Injury Cases Shumaker v. Oliver B. Cannon & Sons
Plaintiff injured while working as a carpenter foreman at Perry Nuclear Power Plant when he inhaled chemicals being sprayed containing Methylene Chloride. Plaintiff contracted pancreatic cancer and eventually died in 1984.
Verdict: $750,000.00 Ancil v. Press Automation Systems, Inc.
Defective decoiler machine caused Plaintiff injury including loss of testicle and knee problems. Manufacturer found liable for negligent design and inadequate safety warnings.
Verdict: $2,500,000.00 The Estate of Max Harrell (deceased) v. Gaylord Foundry Equipment Co., et al.
Plaintiff, Max Harrell, deceased, was a 61 year old man working at an aluminum coring foundry when a solenoid gassing valve stuck open causing sulfur dioxide gas to leak into the ambient work air. Mr. Harrell was a known asthmatic and was exposed to the gas causing an asthma attack which resulted in suffocation and death. The widow brought suit alleging product defect and failure to warn. Defendants contended the employer misused the product and Plaintiff should not have been working in that environment.
Settlement at trial: $575,000.00 Williams, et al. v. Certified Crane, Inc.
Fall down elevator shaft resulting in multiple injuries.
Judgment: $900,000.00
Wrongful Death Cases Estate of Richard Allen Williams v. Franklin County Commissioners and the City of Columbus
Civil Rights death of 31 year old male by suffocation captured on videotape.
Settlement: $2,500,000.00 (Largest Civil Rights settlement in State of Ohio) Police Brutality - Civil Rights Case
Police Brutality filed in Columbus Ohio
Full evidence of murder as follows. Please be aware some photos contain graphic material. Belcher v. Mt. Sinai Medical Center, et al.
Death of 49 year old female due to medical negligence of misdiagnosing obstructed bowel.
Settlement: $425,000.00 The Estate of John Blaney v. Rick Scott Trucking Company, et. al.
Plaintiff was a laborer working on the premises of his employer. Defendants' tractor trailer truck was making a delivery on employer's premises. While backing without appropriate backing warning, Defendants' driver-employee hit decedent, crushing him and causing his death.
Judgment: $3,500,000.00 Sheets v. Norfolk Southern Railroad, et al.
Railroad grade crossing collision involving the instant death of 10 year old female. Defendants found negligent for creating ultra-hazardous crossing.
Verdict: $2,500,000.00
(Largest wrongful death-only verdict for 10 year old girl in the State of Ohio.) 1994 Dugger v. Norfolk Southern Railroad, et al.
Railroad grade crossing collision involving the instant death of 34 year old female. Defendants found negligent for creating ultra-hazardous crossing.
Verdict: $1,250,000.00 Eric Schulenburg, et al. v. Catawba Island Club, et al
Wrongful death of a 10 year old girl hit by a car when crossing a street at Defendant's club.
Jury Verdict: $1,000,000.00 (Reduced by 5% comparative negligence) Gerald Mazzerella v. Lakeview Trucking Co.
Wrongful Death. 78 yr. old in truck/auto accident. Settlement during trial.
Settlement: $575,000.00
Entire Toxic Tort Case Research and Trial Info Entire toxic tort case with actual transcript of a full jury trial with research involving inhalation of toxic substance and cancers obtained at Perry Nuclear Reaction. Perry, Ohio. This complete industrial injury cancer case includes all the trial preparation, research opening statement, the information sources, witnesses questions, trial material and methods and final arguments with the case law is published for your perusal with the permission of the Lawyers Cooperative Publishing company, now owned by the West Legal Publishing Co. and American Jurisprudence Company the publishers and printers of the lawyers encyclopedic volumes Modern trials and Proof of Facts. These publications are two excellent treatises of legal encyclopedic materials that are contained in the two different encyclopedias one is called Modern Trials and the other is Proof of Facts. Both are excellent reference points for lawyers and clients to find out how to try or defend any given case. Good trial lawyers wrote the contents of these two encyclopedias of law. The source consists of many volumes in each set and submitted by many attorneys from all across the country. The writings are based upon their expertise on the given legal subjects they wrote about. These publications are still in print and are used by good lawyers consistently to check what facts must be gathered, and research needs that need to be assimilated before a trial can be attempted concerning most given diverse subjects and types of litigation. David Shoemaker the Client was a 55-year-old construction foreman working for a carpentry subcontractor. David was injured at a construction site while rebuilding the innards of the Perry Nuclear Reactor in Perry Ohio. He was working without protective equipment in a large, partially enclosed metal vessel (the reactor container) when employees of the paint contractor (a subcontractor known as the Cannon Corporation), who were wearing respirators and protective clothing, began spraying the stainless steel surface of the interior of the vessel with an industrial sealant (Liquid Envelope Blue) that contained three potentially toxic chemicals. On inhaling the fumes, the client lost consciousness and was pulled to safety by a coworker. The client was immediately hospitalized, but suffered a severe and disabling pulmonary injury. He was granted permanent disability benefits under the state workers' compensation law, and his compensation lawyer referred the client to us for a possible third-party liability action for personal injuries against the owner of the premises and the subcontractor where the work was in progress. The general contractor and site manager, the paint subcontractor, and the manufacturer and seller of the industrial sealant that was being sprayed when the client was injured were all made defendants originally. The medical question to be solved was that David had pancreatic cancer and we had to show negligence and responsibility by the defendants that caused or contributed to his pancreatic cancer. At the time of trial Methylene Chloride and Isobutyl Ketone was not on the federal cancer list and was not know to cause pancreatic cancer. Of course still to this very day in September 2002 we do not know the cause of pancreatic cancer. The chemicals were subsequently (after the trial) listed on the government hazardous chemical index and added to the carcinogenic list by the federal govt. The forgoing facts constituted an almost impossible case from a legal standpoint to try. All of the sources for the research, trial techniques, opening statements, closing arguments, legal pre trial discovery and interrogatories are part of this subsection of the landskroner.com site. David Shoemaker vs the Cannon Corp. et al The actual jury trial of a cancer case tried to conclusion.
With research, trial techniques, opening statements, closing arguments,
Legal pre trial discovery and interrogatories
Trial and Research Document Click Here to see the Full Trial and Research (483 kb) Our firm has no connection or relationship with Jack Landskroner.
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