Our Case Results
In their defense of railroad grade crossing accident cases, attorneys at Lindhorst & Dreidame have played a major role in shaping the development of several now-established principles of Ohio law on such matters as federal pre-emption regarding warning devices and the duties of a motorist approaching railroad tracks. Among the most recent reported decisions in this area are Wooten v. CSX Railroad, 164 Ohio. App.3d 428, 842 N.E.2d 603 (2005), and Lintner v. Norfolk & Western Railway Company, 118 Ohio App.3d, 694 N.E.2d 140 (1997), discretionary appeal not allowed 79 Ohio State 3d 1450, 680 N.E.2d 1022 (1997).
1. Deborah and David Henson v. K Collins Plumbing
This case was tried before Judge Walker in the Clermont County Court of Common Pleas of Ohio from June 20, 2005 through June 27, 2005. The plaintiff claimed that she suffered an injury to her hip as a result of the automobile accident resulting in a total hip replacement and subsequent hip replacement. The plaintiff suffered $280,000.00 in medical expenses. The attorney for the plaintiff in closing argument requested the jury to return a verdict in the amount of $1,300,000.00. An offer was made prior to Trial in the amount of $200,000.00. After a six-day trial, the jury returned a verdict in the amount of $9,000.00 for the plaintiff. Jay R. Langenbahn of Lindhorst & Dreidame represented the defendant.
2. Butler v. Builder’s Transport
This case was tried before Judge Lape in the Kenton County Circuit Court. The plaintiff claimed that he suffered permanent and debilitating injuries as a result of an accident with a tractor-trailer owned and operated by Builder’s Transport. At the Pre-Trial Conference, the plaintiffs submitted a settlement demand in the amount of $1,000,000.00 and indicated that the demand would increase $1,000,000.00 each day that the case was not settled. The jury returned a verdict for the plaintiffs in the amount of $40,000.00 against two defendants and assessed only 10% of the damages to Builder’s Transport. Builder’s Transport was represented by Jay R. Langenbahn of Lindhorst & Dreidame.
3. Linda Shollenbarger, Lisa Zecher, Helena Davidson & Melanie Anderson v. Planes Moving & Storage Company
Jay R. Langenbahn represented Planes Moving & Storage Company relative to a claim for sex and age disparate treatment claims, a disparate impact claim and a claim for punitive damages filed by four former employees of Planes Moving & Storage who were laid off in a general lay off in September of 2001 involving twelve females and one male. After a 16 day trial, at the conclusion of all the evidence, Magistrate Judge Timothy Hogan granted a Rule 50 Motion as to the disparate age discrimination claim and the disparate impact claim but allowed the sex disparate treatment and punitive damage claims to go to the jury. The jury returned a verdict for the defendant, Planes Moving & Storage Company. A jury verdict was returned on November 22, 2005. Paul Tobias represented the Plaintiffs.
4. Ellen Cameron v. The Laser Vision Institute
This case was tried before Judge Timothy Black in the United States District Court for the Southern District of Ohio, Western Division for a two week period between January 30, 2006 and February 10, 2006. The plaintiff, Ellen Cameron, claimed that she was sexually harassed by an independent contractor ophthalmologist employed by the defendant, The Laser Vision Institute. The plaintiff also asserted claims of retaliation, negligent retention and that the defendant fabricated and destroyed evidence in responding to an EEOC investigation. The Court intervened with settlement discussions and during the course of the Trial, the defendant offered the plaintiff $700,000.00 to conclude her claim. The jury returned a verdict for the defendant on all claims on February 10, 2006. Randy Freking represented the Plaintiff. Jay R. Langenbahn of Lindhorst & Dreidame represented the Defendant.
5. The City of Montgomery v. Montgomery DHF
This was an appropriation case brought by The City of Montgomery v. Montgomery DHF Partnership. Jay R. Langenbahn of Lindhorst & Dreidame represented the Montgomery DHF Partnership. The plaintiffs offered to settle the appropriation complaint in the amount of $75,000.00. The jury returned an award for Montgomery DHF Partnership in the amount of $375,000.00.
6. Christos Siatis v. Enterprise Rent-A-Car Company
This case was tried before Judge Gorman in the Montgomery County Court of Common pleas in November of 2004. Jay R. Langenbahn of Lindhorst & Dreidame represented the defendant who was an Enterprise Rent-A-Car Company renter. The plaintiff claimed that he suffered multiple injuries to his neck and back as well as a hemangioblastoma in his thoracic spine as a result of an automobile accident. The attorneys for the plaintiff asked the jury to return a verdict in the amount of $3,000,000.00. After a six-day trial, the jury returned a verdict for the plaintiff in the amount of $17,000.00.
7. Estate of Dina Duncan v. Enterprise Rent-A-Car Company of Kentucky
This case was tried in the Oldham County Circuit Court of Kentucky on February 14, 15, 16, 2005. The case involved a wrongful death claim against the driver of an Enterprise Rent-A-Car and a negligent entrustment claim against Enterprise Rent-A-Car. The jury returned a verdict for the plaintiff relative to the death of a thirty-five-year-old woman earning approximately $55,000.00 a year in the amount of $250,000.00. The jury further rendered a verdict for the defendant, Enterprise Rent-A-Car Company of Kentucky relative to the negligent entrustment claim. Jay R. Langenbahn of Lindhorst & Dreidame represented Enterprise.
8. Michael Zinc v. Joseph Airport Toyota
This case was tried before Judge Langer in the Montgomery County Court of Common Pleas. The plaintiff alleged breach of contract, fraud and violations of the Ohio Consumer Sales Practices Act relative to the sale of a Toyota 4 Runner. The plaintiff requested the jury to return a verdict in the amount of $1,000,000.00. After hearing all the evidence, the jury rendered a verdict on behalf of the defendant. Jay R. Langenbahn of Lindhorst & Dreidame represented the defendant.