VOL. 95 NO. 114 Designated by the Courts as the Youngstown ...€¦ · INSIDE: Michigan task force...
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INSIDE : Michigan task force to evaluate Upper Peninsula energy needs Page 13 The Conversation: A concise history of the US abortion debate Page 13 Daily Legal News A DAILY NEWSPAPER DEVOTED TO LEGAL, FINANCIAL, REAL ESTATE AND GENERAL NEWS Designated by the Courts as the Official Law Journal of Mahoning County VOL. 95 NO. 114 50¢ Youngstown, Ohio, Thursday, June 13, 2019 (USPS 143-780) AN EDITION OF THE AKRON LEGAL NEWS MAHONING COUNTY BAR ASSOCIATION PAGE THREE Ohio Legal News.com Daily Legal News (330) 747-7777 100 Federal Plaza East, Ste. 126 Youngstown, OH 44503 CONTACT Area code 330 unless otherwise indicated Visitors Information Youngstown/ Mahoning County Convention & Visitors Bureau 747-8200 Toll Free 1-800-447-8201 Transportation Youngstown/Warren Regional Airport 539-4233 WRTA Bus System 744-8431 Greyhound Bus Lines 743-4141 Independent Radio Taxi, Inc 746- 5419 Taxicab Service 24 hours 744-8294 AAA Ohio Motorists Association 726-9083 AAA (Emergency Road Service 24 hours) 1-800-447-4888 Weather & Time National Weather Service 1-216-265-2370 PHONE NUMBERS INSIDE Business Section ................ 14 Common Pleas Assigns ...... 5 Common Pleas Court .......... 4 Community Calendar .......... 16 Legal Notices ...................... 9 Recorder’s Office ................ 11 Venire for Petit Jurors ........ 10 SHERRY KARABIN Legal News Reporter A customer slips and falls on a spill in a grocery store, sustain- ing neck and back injuries. The individual later meets with an attorney to file a negligence claim against the business owner, but can this person pre- vail? As Harrington, Hoppe & Mitchell attorney Patrick Manning explains, the answer depends upon a number of vari- ables. “In order to recover for his or her injuries, a person must first prove negligence on behalf of the allegedly responsible party,” said Manning, who focuses on civil litigation, personal injury and employment and public sector law matters. “From a legal standpoint, negligence is a fail- ure to use reasonable care under the circumstances.” Manning said to establish a claim the plaintiff must be able to prove four elements: A duty, a breach of that duty, causation and damages. “First you must be able to demonstrate that the person or establishment against whom your claim is made owed you a duty due to ownership or opera- tion of the instrument responsi- ble for the injury, the relation- ship between the people involved or by law. “Once a duty is established, you must be able to prove that the responsible party breached that duty, either through an action or inaction.” In the case of the slip and fall incident, Manning said the busi- ness owner is generally required to ensure that the premises are “reasonably safe.” However, that does not mean the owner must protect customers against every possible scenario. “If the spill is open and obvi- ous to the average person, just dents involving drinking and driving or texting and driving, are so egregious that the tortfea- sor’s behavior may be deemed reckless and this can affect case value for the victim.” Simply proving a breach of duty is not enough. Manning said the plaintiff must be able to demonstrate that the actions of the responsible party not only caused the resulting harm but that the harm was “reasonably foreseeable” by the defendant. “If standing water has been left unattended for hours in a gro- cery store, the plaintiff can make an argument that a slip and fall accident was ‘reasonably fore- seeable’ by the owner,” said Manning. It is also important that the plaintiff reports the incident to the owner right away and seeks appropriate medical attention to document any related symptoms and injuries. “If someone waits six months to see a doctor and then goes for treatment, it will be difficult to prove that the injuries are directly related to the fall,” said Manning. “Proving an individual has been harmed as a result of a tortfeasor’s negligence is more straightforward when there is an objective injury such as a bro- ken bone or a catastrophic injury like wrongful death,” said Angelotta. “Injuries such as a mild con- cussion or whiplash are diag- nosed primarily through subjec- tive complaints. Since the injured party’s credibility is always an issue in proving the claim, these cases can be more difficult.” Angelotta said even in cases in which negligence and the result- ing damages are clear, it may not be possible to recover monies spent on medical and other bills. “If I get a call from the family of a person killed in an auto accident and the other motorist is uninsured or has minimal coverage, which in Ohio is $25,000, I have a responsibility to explain that their recovery amount can be minimal,” said Angelotta. “Usually tortfeasors with such minimal coverage have little by way of collectible assets or can avoid personal exposure through bankruptcy. Unfortunately this is something that I encounter a lot,” he said. In fact, Angelotta said he rec- ommends that his clients carry a liability policy with limits well in excess of the state minimum. In addition, he advises them to purchase a similar amount of uninsured or underinsured motorist coverage. “This will provide relief to an individual hurt by an uninsured driver or a driver who has mini- mal insurance,” said Angelotta. “Uninsured or underinsured coverage can help the individual to recover for damages such as medical expenses, income loss and non-economic damages like pain and suffering.” happened and was just reported, the injured party likely would not be able to establish a breach of duty,” he said. “However, if the spill is not open and obvious and was reported hours ago and nothing was done to clean it up, it’s more likely that the plaintiff would be able to establish a breach of duty. “Another example might be if a plaintiff customer is walking behind another shopper in the store and that first shopper drops a bottle of Coke and it spills, immediately causing the plaintiff to slip and fall, the store owner would likely not be responsible.” Kisling, Nestico & Redick sen- ior partner Joshua Angelotta said it’s not necessary to prove that the breach was intentional or meant to cause harm to the other party. “All the plaintiff needs to do is to prove that the defendant had a duty to exercise ordinary and reasonable care in the context of the incident and failed to do so,” said Angelotta. “Some instances of actionable negligence, such as car acci- Attorneys: Keys to building successful negligence claim Patrick Manning Joshua Angelotta DAYTON, Ohio (AP) — Law enforcement and AAA are warn- ing of a summer spike in teen driving accidents with the end of the school year. The risk for fatal teen crashes increases by 17% between Memorial Day and Labor Day, according to the Dayton Daily News. AAA officials say about six in 10 crashes involving young driv- ers result from distractions. Distractions include sending and reading emails and texts on cellphones. Passengers also can be distractions. Driving school officials recom- mend storing phones out of reach while driving and some urge parents to enforce a no- passenger rule for at least six months. Summer also may be more deadly for young drivers on the road because more get their license in the summer, said Sharon Fife, owner of Kettering- based D&D Driving School. ous injury, according to a Dayton Daily News investigation of State Highway Patrol data. Patrol Sgt. Chris Colbert has said "we owe it to teens to make sure they're as equipped as pos- sible." State lawmakers in Ohio are considering requiring teen driv- ers to hold their learner's permit for a year, rather than six months, to provide them with more experience before getting their license. "It's the busiest time for dri- ver's education," Fife said. Teens also are driving "with less intention in the summer," said Kara Hitchens, AAA spokes- woman. "They aren't driving to school or to work as much," Hitchens said. "They have more free time and may drive more recklessly." Mike Belcuore, AAA driving school manager, said in a news release that teens should prac- tice safety during every trip. Minding the speed limit and staying away from impairing substances like alcohol and marijuana will help prevent many crashes from ever occur- ring, he said. Teens make up about 5% of Ohio drivers, but were involved in more than 15% of crashes between 2014 and 2016. Over the last five years, 15- to 17-year-old drivers have been at fault in more than 67,000 crash- es in Ohio. Of those 150 were fatal and 1,451 included a seri- Authorities warn of summer spike in teen driving accidents Mother charged in newborn’s death pleads not guilty Community members paid for a funeral, burial and a head- stone marked "Geauga's Child," where gifts and flowers continue to be placed. Investigators say Eastwood-Ritchey stated she hid the pregnancy from everyone. They say the woman, of the Cleveland suburb of Euclid, married the baby's father and has three grown children. Authorities say familial DNA ancestry from an online data- base was used to track down Eastwood-Ritchey. CHARDON, Ohio (AP) — A woman who authorities say put her newborn baby boy in a garbage bag and left him in a wooded area in 1993 has plead- ed not guilty to charges includ- ing aggravated murder. Forty-nine-year-old Gail Eastwood-Ritchey pleaded not guilty Monday in Geauga County to aggravated murder and murder charges. Her bond was set at $250,000. A message seeking comment was left for her attorney. At Cincinnati zoo, animal playtime is serious business Today in the Legal News BUSINESS SECTION Page 14
Transcript of VOL. 95 NO. 114 Designated by the Courts as the Youngstown ...€¦ · INSIDE: Michigan task force...
INSIDE: Michigan task force to evaluate Upper Peninsula energy needs Page 13
The Conversation: A concise history of the US abortion debate Page 13
Daily Legal NewsA DAILY NEWSPAPER DEVOTED TO LEGAL, FINANCIAL, REAL ESTATE AND GENERAL NEWS
Designated by the Courts as theOfficial Law Journal of Mahoning CountyVOL. 95 NO. 114 50¢Youngstown, Ohio, Thursday, June 13, 2019 (USPS 143-780)
AN EDITION OF THE AKRON LEGAL NEWS
MAHONING COUNTYBAR ASSOCIATION
PAGETHREE
Ohio Legal News.comDaily Legal News(330) 747-7777
100 Federal Plaza East, Ste. 126Youngstown, OH 44503
CONTACT
Area code 330
unless otherwise indicated
Visitors Information
Youngstown/
Mahoning County Convention
& Visitors Bureau 747-8200
Toll Free 1-800-447-8201
Transportation
Youngstown/Warren
Regional Airport 539-4233
WRTA Bus System 744-8431
Greyhound Bus Lines 743-4141
Independent Radio Taxi, Inc 746-
5419
Taxicab Service 24 hours
744-8294
AAA Ohio Motorists Association
726-9083
AAA (Emergency Road Service
24 hours) 1-800-447-4888
Weather & Time
National Weather Service
1-216-265-2370
PHONE NUMBERS
INSIDEBusiness Section ................ 14Common Pleas Assigns ...... 5Common Pleas Court .......... 4Community Calendar .......... 16Legal Notices ...................... 9Recorder’s Office ................ 11Venire for Petit Jurors ........ 10
SHERRY KARABINLegal News Reporter
A customer slips and falls on aspill in a grocery store, sustain-ing neck and back injuries. Theindividual later meets with anattorney to file a negligenceclaim against the businessowner, but can this person pre-vail?
As Harrington, Hoppe &Mitchell attorney PatrickManning explains, the answerdepends upon a number of vari-ables.
“In order to recover for his orher injuries, a person must firstprove negligence on behalf of theallegedly responsible party,” saidManning, who focuses on civillitigation, personal injury andemployment and public sectorlaw matters. “From a legalstandpoint, negligence is a fail-ure to use reasonable care underthe circumstances.”
Manning said to establish aclaim the plaintiff must be ableto prove four elements: A duty, abreach of that duty, causationand damages.
“First you must be able todemonstrate that the person orestablishment against whomyour claim is made owed you aduty due to ownership or opera-tion of the instrument responsi-ble for the injury, the relation-ship between the people involvedor by law.
“Once a duty is established,you must be able to prove thatthe responsible party breachedthat duty, either through anaction or inaction.”
In the case of the slip and fallincident, Manning said the busi-ness owner is generally requiredto ensure that the premises are“reasonably safe.” However, thatdoes not mean the owner mustprotect customers against everypossible scenario.
“If the spill is open and obvi-ous to the average person, just
dents involving drinking anddriving or texting and driving,are so egregious that the tortfea-sor’s behavior may be deemedreckless and this can affect casevalue for the victim.”
Simply proving a breach ofduty is not enough. Manningsaid the plaintiff must be able todemonstrate that the actions ofthe responsible party not onlycaused the resulting harm butthat the harm was “reasonablyforeseeable” by the defendant.
“If standing water has been leftunattended for hours in a gro-cery store, the plaintiff can makean argument that a slip and fallaccident was ‘reasonably fore-seeable’ by the owner,” saidManning.
It is also important that theplaintiff reports the incident tothe owner right away and seeksappropriate medical attention todocument any related symptomsand injuries.
“If someone waits six monthsto see a doctor and then goes fortreatment, it will be difficult toprove that the injuries aredirectly related to the fall,” saidManning.
“Proving an individual hasbeen harmed as a result of atortfeasor’s negligence is morestraightforward when there is anobjective injury such as a bro-ken bone or a catastrophicinjury like wrongful death,” saidAngelotta.
“Injuries such as a mild con-cussion or whiplash are diag-nosed primarily through subjec-tive complaints. Since theinjured party’s credibility isalways an issue in proving theclaim, these cases can be moredifficult.”
Angelotta said even in cases inwhich negligence and the result-ing damages are clear, it maynot be possible to recovermonies spent on medical andother bills.
“If I get a call from the familyof a person killed in an autoaccident and the other motoristis uninsured or has minimalcoverage, which in Ohio is$25,000, I have a responsibilityto explain that their recoveryamount can be minimal,” saidAngelotta. “Usually tortfeasorswith such minimal coveragehave little by way of collectibleassets or can avoid personalexposure through bankruptcy.Unfortunately this is somethingthat I encounter a lot,” he said.
In fact, Angelotta said he rec-ommends that his clients carrya liability policy with limits wellin excess of the state minimum.In addition, he advises them topurchase a similar amount ofuninsured or underinsuredmotorist coverage.
“This will provide relief to anindividual hurt by an uninsureddriver or a driver who has mini-mal insurance,” said Angelotta.“Uninsured or underinsuredcoverage can help the individualto recover for damages such asmedical expenses, income lossand non-economic damages likepain and suffering.”
happened and was just reported,the injured party likely wouldnot be able to establish a breachof duty,” he said. “However, if thespill is not open and obvious andwas reported hours ago andnothing was done to clean it up,it’s more likely that the plaintiffwould be able to establish abreach of duty.
“Another example might be if aplaintiff customer is walkingbehind another shopper in thestore and that first shopperdrops a bottle of Coke and itspills, immediately causing theplaintiff to slip and fall, the storeowner would likely not beresponsible.”
Kisling, Nestico & Redick sen-ior partner Joshua Angelottasaid it’s not necessary to provethat the breach was intentionalor meant to cause harm to theother party.
“All the plaintiff needs to do isto prove that the defendant hada duty to exercise ordinary andreasonable care in the context ofthe incident and failed to do so,”said Angelotta.
“Some instances of actionablenegligence, such as car acci-
Attorneys: Keys to building successful negligence claim
Patrick Manning Joshua Angelotta
DAYTON, Ohio (AP) — Lawenforcement and AAA are warn-ing of a summer spike in teendriving accidents with the end ofthe school year.
The risk for fatal teen crashesincreases by 17% betweenMemorial Day and Labor Day,according to the Dayton DailyNews.
AAA officials say about six in10 crashes involving young driv-ers result from distractions.
Distractions include sendingand reading emails and texts oncellphones. Passengers also canbe distractions.
Driving school officials recom-mend storing phones out ofreach while driving and someurge parents to enforce a no-passenger rule for at least sixmonths.
Summer also may be moredeadly for young drivers on theroad because more get theirlicense in the summer, saidSharon Fife, owner of Kettering-based D&D Driving School.
ous injury, according to aDayton Daily News investigationof State Highway Patrol data.
Patrol Sgt. Chris Colbert hassaid "we owe it to teens to makesure they're as equipped as pos-sible."
State lawmakers in Ohio areconsidering requiring teen driv-ers to hold their learner's permitfor a year, rather than sixmonths, to provide them withmore experience before gettingtheir license.
"It's the busiest time for dri-ver's education," Fife said.
Teens also are driving "withless intention in the summer,"said Kara Hitchens, AAA spokes-woman.
"They aren't driving to schoolor to work as much," Hitchenssaid. "They have more free timeand may drive more recklessly."
Mike Belcuore, AAA drivingschool manager, said in a newsrelease that teens should prac-tice safety during every trip.
Minding the speed limit andstaying away from impairingsubstances like alcohol andmarijuana will help preventmany crashes from ever occur-ring, he said.
Teens make up about 5% ofOhio drivers, but were involvedin more than 15% of crashesbetween 2014 and 2016.
Over the last five years, 15- to17-year-old drivers have been atfault in more than 67,000 crash-es in Ohio. Of those 150 werefatal and 1,451 included a seri-
Authorities warn of summer spike in teen driving accidents
Mother charged in newborn’sdeath pleads not guilty
Community members paid fora funeral, burial and a head-stone marked "Geauga's Child,"where gifts and flowers continueto be placed. Investigators sayEastwood-Ritchey stated she hidthe pregnancy from everyone.
They say the woman, of theCleveland suburb of Euclid,married the baby's father andhas three grown children.
Authorities say familial DNAancestry from an online data-base was used to track downEastwood-Ritchey.
CHARDON, Ohio (AP) — Awoman who authorities say puther newborn baby boy in agarbage bag and left him in awooded area in 1993 has plead-ed not guilty to charges includ-ing aggravated murder.
Forty-nine-year-old GailEastwood-Ritchey pleaded notguilty Monday in GeaugaCounty to aggravated murderand murder charges. Her bondwas set at $250,000.
A message seeking commentwas left for her attorney.
At Cincinnati zoo,animal playtime is
serious businessToday in the Legal News
BUSINESSSECTION
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