Notable Verdicts And Decisions
Breach of Contract, Ecclesiastic Abstention Doctrine
Adkison, et al. v. Williams, et al. 18 CA 119 (5th Dist. Court of Appeals, October 17, 2019)
Plaintiffs, a group of members of a church, filed suit against church, board and individual members alleging breach of contract when they were dismissed from membership of the church. Plaintiffs alleged breach of contract for failure to abide by the church by-laws when terminating membership and breach of fiduciary duty relating to church funds. Claim also for infliction of emotional distress stemming from dismissal from church. Kmetz Law LLC, on behalf of Defendants, argued lack of subject matter jurisdiction based upon the Ecclesiastic Abstention Doctrine. The Trial Court granted Defendants’ Motion to Dismiss and Plaintiffs appealed.
Following oral arguments, the 5th District Court of Appeals agreed with the Defendants that the Ecclesiastic Abstention Doctrine barred the exercise of jurisdiction over the claims brought by Plaintiffs and affirmed the Trial Court’s decision dismissing the case in its entirety, 2019
Gale v. Pattie Group, Inc. CV-14-824827
Kmetz Law LLC, on behalf of Defendant, Pattie Group, Inc. received a favorable Jury verdict after a five-day trial awarding plaintiff homeowners zero damages in suit alleging breach of contract for alleged defective and incomplete construction of residential waterfall and landscaping and violation of CSPC. Defendant prevailed on its counterclaim for breach of contract for failure to pay for work performed., in 2015.
Parrish v. Cavaliers Holdings (8th Dist. Court of Appeals) 2019-Ohio-89
Kmetz Law LLC, on behalf of Defendant/Appellee, Cavaliers Holdings, successfully defended claim involving “going and coming rule”. The 8th District Court of Appeals, in affirming the Trial Court’s decision granting defendant’s motion for summary judgment finding Claimant/Appellant, not in scope of employment pursuant Ohio “going coming rule” while walking to fixed situs place of employment from public parking lot and sustaining fall in public walkway not owned or controlled by employer, 2019.
Ellis v. Beulah Beach 2014 CV 0282 (6th District. Court of Appeals E-15-0074)
Kmetz Law LLC, on behalf of Defendant, prevailed on its Motion for Summary Judgement where plaintiff sustained serious injury as a result of fall backward down stairway on defendant’s premises claiming fall due to “defect” of handrail only on one side of the stairwell. Trial court held that lack of a handrail on one side of the stairway was open and obvious to plaintiff, a business invitee, and dismissed the case. Appeal to 6th District dismissed by plaintiff, 2015.