Robison, Curphey & O'Connell Feed Oct 2017firmwise rebuttal of medical malpractice plaintiff’s specious negligence per se claim Oct 2017Case<p><strong>Issue</strong></p> <p>A plaintiff originally hurt himself by putting his arm through a window and cutting his arm on the broken glass. He then went to the emergency room for treatment.&nbsp; He claimed that the emergency room physician committed medical malpractice by failing to remove all of the glass from his wound, and sued our clients, the emergency room physician and hospital.</p> <p><strong>Approach</strong></p> <p>We filed a motion to dismiss Plaintiff&rsquo;s complaint because Plaintiff did not attach an affidavit of merit to the Complaint.&nbsp; Plaintiff argued that he did not need to attach an Affidavit of Merit because this was a case was a foreign objects case or a negligence <i>per se</i> case.&nbsp; We responded to this argument distinguishing the fact pattern from true foreign objects cases where a surgical implement is left within a patient.&nbsp;</p> <p><strong>Result:</strong></p> <p>The Court agreed with us that Plaintiff needed an affidavit of merit, and allowed Plaintiff 90 days in which to file such an affidavit of merit, otherwise the Complaint would be dismissed without prejudice.&nbsp; Rather than obtaining an affidavit of merit, Plaintiff dismissed his case instead.</p> pursuit of contribution for adulterated animal feed from toll miller Oct 2017Case<p><strong>Issue</strong></p> <p>Our clients, an animal feed company and its insurer, were faced with over two dozen complaints from ranchers that feed sold to them by the animal feed company was rancid and damaging their animals. The ranchers&rsquo; potential claims against the animal feed company were a threat of significant exposure.&nbsp;</p> <p><strong>Approach</strong></p> <p>Working with the animal feed company and its insurer, we managed the settlement of almost all of the ranchers&rsquo; claims.&nbsp; We then filed suit in federal court against the animal feed company&rsquo;s toll miller, whom our clients believed caused the feed to be rancid in the milling process.&nbsp; This lawsuit lasted over four years and involved extensive discovery, including discovery into each of the over two dozen ranchers&rsquo; animal husbandry practices and experience with the bad feed.&nbsp; These ranchers were located across ten states and a Canadian province.</p> <p><strong>Result</strong></p> <p>Two months before trial, and in the midst of obtaining trial depositions from all of the ranchers, we were able to reach a negotiated settlement satisfactory to our clients.</p> S. Wiley and Chad M. Thompson Present to the Society of Ohio Healthcare Attorneys’ Fall Conference in Columbus, Ohio Sep 2017News<p>RCO Law Attorneys Julia S. Wiley and Chad M. Thompson presented to the Fall Conference of the Society of Ohio Healthcare Attorneys (&ldquo;SOHA&rdquo;) in Columbus, Ohio on September 29, 2017. In attendance were members of SOHA, the Ohio Hospital Association (&ldquo;OHA&rdquo;), and the Ohio Society of Hospital Risk Managers (&ldquo;OSHRM&rdquo;).</p> <p>Attorneys Wiley and Thompson spoke to the gathering about the &ldquo;physician-patient termination rule,&rdquo; its impact on Ohio&rsquo;s one year statute of limitations for medical claims, and how Ohio courts are adjudicating increasing attempts to abrogate the one year limitations period through use of the &ldquo;termination rule.&rdquo;</p> <p>Julia S. Wiley and Chad M. Thompson are Attorneys in RCO Law&rsquo;s litigation practice group, where they represent clients in state and federal courts throughout the region.</p> Bob Tucker Presents on the Law of Jury Selection Sep 2017News<p>Attorney Bob Tucker recently gave a presentation on the law of jury selection at an all-day seminar on Voir Dire and Jury Selection held by the National Business Institute.</p> Matt Budds Chosen to MC the Monroe Chamber of Commerce Business Summit Sep 2017News<p>Attorney Matt Budds was the MC for the recent Monroe County Chamber of Commerce Business Summit seen here with KEYNOTE Speaker Richard Sheridan, author of Joy, Inc., the story of how we built a workplace people love!</p> <p style="text-align: center;">&nbsp;<img width="240" height="320" align="absmiddle" alt="" border="0" vspace="0" hspace="0" src="" /></p> <p style="text-align: center;"><img width="240" height="320" align="absmiddle" alt="" border="0" vspace="0" hspace="0" src="" /></p> State Bar Association Honors RCO Attorney for Longtime Service Sep 2017News<p><b>Columbus, Ohio (September </b><b>22, 2017) </b><b>&ndash;</b> On&nbsp;Wednesday, September&nbsp;20, 2017, the&nbsp;Ohio State Bar Association (OSBA)&nbsp;recognized&nbsp;five area&nbsp;attorneys&nbsp;for&nbsp;more than&nbsp;50 years of service to the profession.&nbsp;</p> <p><b><i>Howard G.&nbsp;Bruss </i></b>of&nbsp;Toledo&nbsp;practices&nbsp;intellectual property law in an &ldquo;of counsel&rdquo; capacity&nbsp;with RCO Law (Robison,&nbsp;Curphey&nbsp;&amp; O&rsquo;Connell, L.L.C.) &nbsp;Prior to joining RCO Law, Howard practiced with Fuller &amp; Henry and served as Assistant General Counsel and Intellectual Property Counsel for Owens-Illinois, Inc. Howard received his B.S. from the University of Detroit and his J.D. from The University of Toledo College of Law.</p> <p>All were&nbsp;honored as part of&nbsp;the OSBA District&nbsp;4&nbsp;annual meeting at&nbsp;the&nbsp;Toledo Club.&nbsp;District&nbsp;4&nbsp;includes&nbsp;more than&nbsp;1,000&nbsp;attorneys&nbsp;who practice in&nbsp;Lucas, Ottawa, and Sandusky&nbsp;counties.&nbsp;</p> <p><b>About the Ohio State Bar Association</b>&nbsp;</p> <p>The Ohio State Bar Association, founded in 1880, is a voluntary association representing approximately 28,000 members of the bench and bar of Ohio. Through its activities and the activities of its related organizations, the OSBA serves both its members and the public by promoting the highest standards in the practice of law and the administration of justice.&nbsp;&nbsp;</p> <p><img width="435" height="318" align="absmiddle" alt="" border="0" vspace="0" hspace="0" src="" /><i><br /> *In each photo the honoree is pictured with Ohio State Bar Association President Randall Comer.</i></p> to detail: dismissal for radiologists based on statute of limitations and lack of affidavit of merit Sep 2017Case<p><strong>Issue:</strong></p> <p>Client radiologists were sued by an injured plaintiff and added to a pre-existing lawsuit after the co-defendant surgeons testified they relied on the radiologists in providing the care at issue.&nbsp; Plaintiff alleged that she had been injured as a result of chemotherapy being administered through a mal-positioned port into her right pleural space.</p> <p><strong>Approach:</strong></p> <p>We responded to Plaintiff&rsquo;s claims against the radiologists by moving to dismiss those claims because Plaintiff did not attach an affidavit of merit as to the radiological care to the Amended Complaint.&nbsp; We also moved to dismiss the claims on the basis that they were barred by the statute of limitations because Plaintiff&rsquo;s claims against the radiologists accrued at the same time her claims against the other defendants accrued, and not when the co-defendant surgeons testified they relied on the radiologists.</p> <p><strong>Result:</strong></p> <p>The Court agreed with both arguments we presented in our motion to dismiss, and dismissed the claims against our clients with prejudice.</p> I-9 Form Required! Sep 2017News<p>For all of our employer clients and visitors please note that the use of a new I-9 Form is required as of September 18, 2017 by the U.S. Citizenship and Immigration Services (&ldquo;USCIS&rdquo;). &nbsp;The new form is dated 07/17/17 and a copy of it can be downloaded <a href="/7599B1/assets/files/Documents/i-9.pdf" target="_blank">here</a>.&nbsp; If you have any questions, please feel free to review the USCIS website at <a href="" target="_blank"></a>.</p> Or LLC? What's Right For Your Small Business? Sep 2017News<p>Attorney Matt Budds shares his insight on this podcast.</p> <iframe width="100%" height="166" scrolling="no" frameborder="no" src=";color=ff5500"></iframe> Law Monroe Office Holds Grand Opening & Ribbon Cutting Aug 2017News<p>RCO Law welcomed guests to join them for the grand opening of the new Monroe location at Nine South Monroe Street.</p> <p><img src="" hspace="0" vspace="0" align="absmiddle" alt="" border="0" width="435" height="326" /><br /> (L to R) Michael R. Olsaver, Matthew D. Budds, Mayor of Monroe &ndash; Robert Clark, Kathryn M. Mohr &amp; Peter N. Lavalette</p>