Jack C McGowan, LLC

Governmental

Case: Lane v. Phillabaum, et al, 2008-Ohio-2502, 182 Ohio App.3d 145

Plaintiffs claimed that their rights were violated by various county officials as a result of their participation in an Area Court diversion program. The case was dismissed at the trial level on summary judgment and affirmed on appeal.

Legal Malpractice

Case:  Nicholas v. Deal, 2003-Ohio-7212

Plaintiff claimed that she had timely served defendant with her complaint despite not serving her until eighteen months after filing. The court did not agree and dismissed the malpractice claim, which dismissal was affirmed on appeal.

Medical Malpractice

Case:  Schulte v. Wilkey, 2010-Ohio-5668, Butler County Appellate No. CA2010-02-035

In this case of alleged medical malpractice, an orthopedic physician client was sued for alleged negligence for improper follow-up after the casting of his diabetic patient’s fractured foot. The patient filed a complaint prior to affidavit of merit requirement, but had voluntarily dismissed the case. When the patient refiled, he failed to submit an affidavit of merit with his complaint as required by the amended Civil Rules. The physician moved to dismiss for failure to comply with the affidavit requirement. The patient then moved for an extension of time to file his affidavit. The trial court denied the motion to extend time and dismissed the complaint, which the patient appealed. The Twelfth District Court of Appeals unanimously affirmed the trial court’s dismissal finding that the patient had failed to comply or establish good cause for the absence of an affidavit of merit, which was fatal to his case.

Case: Silver v. Jewish Home of Cincinnati, Inc., et al, 2010-Ohio-5314, Warren County Appellate No. CA2010-02-015

Jack McGowan tried this medical malpractice case to a jury in November 2009 which returned a unanimous defense verdict for his primary care physician client. Plaintiff appealed. The court of appeals unanimously affirmed.
In this wrongful death action, a physician client was sued for allegedly failing to make an appropriate diagnosis of an aortic dissection. At trial, plaintiff proffered an expert who was challenged as not having the requisite knowledge to opine about the applicable standard of care. The trial court did not permit the expert to testify and directed a verdict in favor of the client. On appeal, the Twelfth District Court of Appeals affirmed the trial court’s ruling and upheld the directed verdict.

Sanctions & Attorney’s Fees

Case: Advantage on Call, LLC v. Monrovia Unified School District, Butler County Case No. CV 2015 03 0718

In the zealous representation of his client while his motion to dismiss for lack of personal jurisdiction and improper venue in this breach of contract case was pending, Mr. Jacobs discovered that Advantage had supplied an individual to the District who was not licensed as she needed to be pursuant to the parties’ staffing agreement. Mr. Jacobs confronted Advantage with this information, making a demand for attorneys’ fees to settle the case even before a hearing on the motion to dismiss was held. Advantage foolishly rejected the demand. Michael continued pursuit of evidence that the staffer supplied to his client was not licensed. He confronted Advantage again with the additional evidence and with a new higher demand while the motion was still pending. This demand was also rejected by Advantage. Ultimately, Mr. Jacobs was successful in getting the case against his California School District client dismissed on lack of personal jurisdiction and venue grounds. Mr. Jacobs then filed a motion for sanctions under R.C. 2323.51 and Civil Rule 11 given Advantage’s failure to negotiate to settle his client’s attorneys’ fees claim. Advantage ultimately settled the sanctions claim for more than Monrovia’s pre-dismissal demand.

Case: Ohio Valley Associated Builders and Contractors v. Rapier Electric, Inc., Butler County Common Pleas Case No. CV2009 01 0312

Michael was hired as an expert to testify regarding defendant’s claim for attorney’s fees after it won this consolidated case involving alleged violations of the prevailing wage law related to public works projects. The court awarded his client the full amount of attorney’s fees requested.

Trials

Case: Schauer v Ohio Mutual Insurance Group – Judge Hall (Morrow County, Ohio)

Michael Jacobs successfully defended Ohio Mutual Insurance Group in this four day jury trial in Morrow County, Ohio in February 2015. The plaintiff was a homeowner-insured who sued for breach of contract regarding the denial of a claim after a fire. The jury found in favor of Ohio Mutual Insurance Group on eight out of the ten reasons for the denial of the claim including that the insured had committed fraud in the claim by clear and convincing evidence. On December 15, 2015, Mr. Schauer was found guilty of insurance fraud (false or deceptive claim) under R.C. 2913.47(B)(1). State v. Schauer, Morrow Cty. M.C. No. 2015CRB4378 (December 15, 2015).

Case: Silver v. Jewish Home of Cincinnati, Inc., et al – Judge Bronson

Jack McGowan tried this medical malpractice case to a jury in November 2009 which returned a unanimous defense verdict for his primary care physician client.

Case: Jones v. McCullough-Hyde Hospital, et al – Judge Sage

Jack McGowan tried this wrongful death case of alleged medical malpractice to a jury in April 2008 and obtained a defense verdict for his gastroenterologist client.

Case: Reid v. Nerenberg, as Administrator of the Estate of Frank Mariana – Judge Spaeth

Michael Jacobs tried this case on behalf of his personal injury client to a jury and received a verdict in excess of the policy limit against an Allstate insured in 2007.

Case: Gilmartin v. Webb, et al – Judge Fedders

Jack McGowan tried this case of alleged medical malpractice against his physician client to a defense verdict before a jury in 2005.

Case: Day v. Plowman – Judge Oney

Michael Jacobs tried this case on behalf of the executrix of an estate to recover monies taken from the decedent’s bank account without authorization and through the use of fraudulent power of attorney documents. The case was tried to the bench which resulted in a recovery on two of three alleged improper transactions.