News

SEMINARS AND SPEECHES

On June 26, 2013, Adam E. Carr will lecture to other lawyers at a continuing legal education (CLE) seminar in Akron, Ohio. The seminar will be entitled, Building Your Civil Trial Skills.

In 2012, he has lectured to insurance company representatives in two counties within Ohio about good faith claim handling practices.

On December 20, 2011, Adam E. Carr lectured at another CLE seminar in Boardman, Ohio. The seminar was entitled, How to Successfully Resolve Automobile Injury Cases.

MEDIA

Adam E. Carr successfully defended a pre-teen girl and her parents in federal court. Our clients had been accused of bullying at school and cyberbullying on the internet. The plaintiff filed suit against our clients, plus ten other children, their parents, and the school district. The allegations against our clients were dismissed with prejudice during discovery, with no payment by our clients or their insurer.

The plaintiff and her mother appeared on the Dr. Phil show (aired twice) and 48 Hours. None of the defendants was interviewed on either program. Despite this, our client prevailed in court.

RECENT VERDICTS

Jessica George v. Monica L. Granny et al.

Trumbull C.P. No. 2008 CV 02037
Verdict Date: March 17, 2010
Defense Counsel: Adam E. Carr

Plaintiff claimed numerous injuries, including a rotator cuff tear and cervical disc syndrome following a motor vehicle accident in which the defendant’s minivan attempted a left turn in front of the plaintiff’s car. Plaintiff was diagnosed with a twenty percent permanent impairment.

Plaintiff asked for $371,813.95, including past medical bills of $38,763.25; past wage loss of $1000.50; past pain and suffering of $35,313.60; and future pain and suffering of $232,008.60. Plaintiff additionally claimed future medical treatment of $1,200 per year for a claimed life expectancy of 53.94 years, for total future medical bills of $64,728.

Adam E. Carr was able to convince the jury to limit total damages to $29,352.62.

RECENT COURT OF APPEALS DECISIONS

Allstate Ins. Co. v Jon Eyster, et al.

Marion App. No. 9-10-01
Judgment Date: August 9, 2010
Defense Counsel: Adam E. Carr

Allstate filed suit against its policyholders and their two daughters for a declaratory judgment. Allstate sought to deny automobile liability coverage because of an exclusion for bodily injury to a resident relative of an insured. The parties agreed that one of the sisters had negligently driven her car, causing serious bodily injuries to her sister, and that the value of the injuries exceeded the $300,000 single limit of coverage.

The trial court held that the exclusion for bodily injury to a resident relative applied only when the injured person lived with the driver of the car. The injured claimant did not live with her sister but did live with their parents, so the trial court held that the exclusion did not apply.

Adam E. Carr successfully convinced Ohio’s Third District Court of Appeals to reverse the trial court decision. The court of appeals also rejected the reasoning of a different Ohio court of appeals that had found Allstate’s exclusion to be ambiguous.

Shelley L. Young, et al. v. Daniel Zukowski

Summit App. No. 25146
Judgment Date: July 28, 2010
Defense Counsel: Adam E. Carr

The plaintiff claimed bodily injury from an automobile accident. Her husband sought damages for loss of consortium. The trial court dismissed both claims based on the statute of limitations.

Ohio law extends the statute of limitations for any period of time the defendant is absent from the state. The plaintiff filed suit only four days late. During the two years and four days between the time of the accident and the time the plaintiff filed suit, the defendant had left Ohio at least sixteen times to see the Pittsburgh Steelers play, and also to travel to a casino in West Virginia. None of these trips involved overnight stays.

Adam E. Carr successfully argued to the court of appeals that these day trips did not extend the statute of limitations because they did not constitute an extended absence from the state. This was also what the trial court held.

SELECTED APPELLATE CASES

Supreme Court of Ohio

• In re Uninsured & Underinsured Motorist Coverage Cases (Nationwide Agribusiness Ins. Co. v. Wagner and Vicars v. McCray), 100 Ohio St.3d 302, 2003-Ohio-5888, 798 N.E.2d 1077
• Ohayon v. Safeco, 91 Ohio St.3d 474, 2001-Ohio-100, 747 N.E.2d 206
• Cappara v. Schibley, 85 Ohio St.3d 403, 1999-Ohio-278, 709 N.E.2d 117

Ohio Court of Appeals

• Kish v Scrocco, 7th Dist. No. 11 MA 197, 2013-Ohio-899
• Harris-Coker v. Abraham, 9th Dist. No. 26053, 2012-Ohio-4135
• Fuline v. Green, 9th Dist. Nos. 25704 & 25936, 2012-Ohio-2749
• Shankle v. Egner, 5th Dist. Nos. 2011 CA 00121 and 2011 CA 00143, 2012-Ohio-2027
• Jaronovic v. Iacofano, 11th Dist. No. 2011-L-070, 2012-Ohio-1581
• Suggs v. Looby, 5th Dist. No. 2011 CA 00023, 2011-Ohio-4533
• Hartzell v. Breneman, 7th Dist. No. 10 MA 67, 2011-Ohio-2472
• Terrago-Snyder v. Mauro, 7th Dist. No. 08 MA 233, 2010-Ohio-5524
• Allstate v. Eyster, 189 Ohio App.3d 640, 2010-Ohio-3673, 939 N.E.2d 1274 (3rd Dist.)
• Young v Zukowski, 9th Dist. No. 25146, 2010-Ohio-3491
• Williams v. Williams, 7th Dist. No. 08 MA 248, 2009-Ohio-6162
• Alicea v. Beckinger, 11th Dist. No. 2008-T-0009, 2008-Ohio-5861
• Aber v. Zurz, 175 Ohio App.3d 385, 2008-Ohio-778, 887 N.E.2d 381 (9th Dist.)