Our condolences go out to Officer Dulle and his family. What a tragic scene, in which thirty-six year old Brian Dulle was killed while performing his duties as a Warren County Police Officer. Dulle was putting out stop-sticks along the roadway on St. Rt. 42 when Marcus Israel allegedly ran into Officer Dulle at over 100 miles per hour, killing him instantly. Israel has been charged with involuntary manslaughter and failure to comply with a police officer, facing fifteen years in prison if he is convicted. At the arraignment in Lebanon Municipal Court Thursday, Israel apologized to Officer Dulle’s family. Israel is being held on a one million dollar bond. What a great loss to the community – What an irresponsible and reckless act. The suspect decided to trade a tail-light violation for a manslaughter charge.
By: Gabe Moorman, Attorney and Counselor at Law at Diehl & Hubbell, LLC
304 East Warren Street, Lebanon, OH 45036
By: Thomas J. Diehl (In 2008) With the enactment of Senate Bill 80, damages in many tort actions are capped. The jury’s determination of rightful compensation to a Plaintiff will be disregarded in many circumstances. In any claim for damages for injury or loss to person or property, including product liability claims, a plaintiff who has suffered non-catastrophic or noneconomic damages is limited to the greater of Two Hundred Fifty Thousand Dollars ($250,000) or three times the economic loss,but not to exceed Three Hundred Fifty Thousand Dollars ($350,000). EXAMPLE NO. 1: Plaintiff is injured in a non-catastrophic motorcycle accident and incurs medical bills of Ten Thousand Dollars ($10,000) and a wage loss of Five Thousand Dollars ($5,000), for total special damages of Fifteen Thousand Dollars ($15,000). The most he can receive for his non-economic loss (i.e. pain and suffering) is Two Hundred Fifty Thousand Dollars ($250,000). 3 x $15,000 = $45,000. Plaintiff is entitled to three times economic loss or Two Hundred Fifty Thousand Dollars ($250,000), whichever is greater. EXAMPLE NO. 2: Plaintiff is injured in a non-catastrophic loss and incurs medical bills of One Hundred Thousand Dollars ($100,000) and wage loss of Twenty-Five Thousand Dollars ($25,000), for a total loss of One Hundred Twenty-Five Thousand Dollars ($125,000). If a jury awards pain and suffering of Five Hundred Thousand Dollars ($500,000), that portion of the jury verdict will be reduced to Three Hundred Fifty Thousand Dollars ($350,000), because of the cap. It seems odd that the Ohio legislature would protect drunk and reckless drivers at the expense of truly injured persons. Although the Ohio Legislature limits the recovery available to a plaintiff seriously injured in a car accident caused by a drunk driver, it has made certain that producers of corn, wheat and soybeans injured by someone speaking badly of their products are fully compensated. Ohio Rev. Code §2307.81 subjects anyone who falsely disparages an Ohio agricultural or aquacultural food product, to “in addition to any award of punitive damages, damages in an amount up to three times the amount of compensatory damages.” Thus, the Ohio Legislature has chosen to place a cap on the damages a drunk driver will pay, while it subjects those that may dare to disparage a soybean to treble damages. http://www.thomasjdiehl.com
By Marty Hubbell
What’s next in the Ryan Widmer case? Expect the defense to file a motion for a new trial in the next few days. This motion must be filed within 14 days of the verdict that was rendered on February 15, 2011.
This motion is critical for Widmer’s case, and is separate from the appeal of his actual murder conviction. His appeal would be to the 12th District Court of Appeals in Middletown, Ohio; the motion for a new trial would be heard by Judge Bronson in the Warren County Common Pleas Court. The appeal will not be filed until the upcoming motion is resolved in the trial court.
Why is this motion for a new trial important? The 12th District Court of Appeals is probably the most conservative appellate court in the State of Ohio; less criminal convictions are overturned in this court than in any other appellate district. If he cannot persuade Judge Bronson to grant him a new trial, it is likely that the next significant hearing for Ryan Widmer will occur in about 14.5 years, at his first parole hearing.
The defense attorneys are scrambling to find any and all evidence they can to support the motion. From the press releases thus far, it appears that they are going to try to argue some form of juror misconduct.
By: Tom Diehl (In 2008)
In the last edition of the Co-Counsel Reporter, we discussed the pitfalls occasioned by the recent modifications and abrogation of joint and several liability as set forth in SB 120. Specifically, if a defendant can convince the trier of fact that a different defendant has some liability for the injuries sustained, the defendants will be liable for the overall damages only according to their percentage of liability. This can have disastrous consequences if the “other defendant” is not a party to the suit or is judgment proof.To help minimize the potential for disastrous consequences, plaintiff's counsel should consider these strategies: * File discovery early requesting the defendant to identify and specify any other defendants allegedly having liability for injuries caused. Consider, submitting requests for admissions demanding defendant to deny the existence of other liable defendants; * In the initial complaint, bring claims against all potential liable party defendants;* When partially settling with the joint tortfeasor, release only that tortfeasor; * Consider filing a challenge to the constitutionality of SB120 -- send a copy of the challenge to the Ohio Attorney General. Grounds for potential constitutional challenge include an argument that SB 120 violates Article II Section 15 (One Subject Rule) or Article IV Section 5 (Separation of Powers). At Thomas J. Diehl & Co., LLC, we have been handling personal injury claims in Southwest Ohio since 1988. We regularly work with counsel in ethical fee sharing arrangements. Thomas J. Diehl is a Fellow of the Litigation Counsel of America and a member of the Million Dollar Advocates Forum. http://www.ThomasJDiehl.com