Attorney Kurt Daniel Anderson's Legal Cases

Construction and development

Farley v. Gary Nichols Builders, 9th Dist. No. 99CA007530, 2000 WL 1875413

Dec 27, 2000

OUTCOME: affirming summary judgment and holding that Statute of Frauds and contractual “as is” and merger clauses precluded claims based on alleged verbal misrepresentations

Personal injury

Hau v. Gill, Ninth Dist. No. 98CA007061, 1999 WL 492633

Jul 14, 1999

OUTCOME: Affirming summary judgment and holding minor under age 8 incapable of negligence

Insurance

Delli Bovi, Exec. v. Pacific Indemn. Co., 85 Ohio St.3d 343, 708 N.E.2d 693, 1999-Ohio-380

N/A

OUTCOME: Helicopter held not to be a “motor vehicle” for purposes of UM/UIM coverage

Personal injury

Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 797, 88 N.E.2d 1088, 2003-Ohio-2573

N/A

OUTCOME: Affirming summary judgment and clarifying the “open and obvious” defense in premises liability cases

Litigation

Harris v. Mt. Sinai Medical Center, 116 Ohio St.3d 139, 876 N.E.2d 1201, 2007-Ohio-5587

N/A

OUTCOME: Holding that trial court order granting new trial is reviewed for abuse of discretion, and sufficient evidence creating “room for doubt” supported order granting new trial on basis of jury passion or prejudice and misconduct of counsel

Civil rights

Walsh v. Erie County Dept. of Job and Family Services, 240 F.Supp.2d 731 (2003)

N/A

OUTCOME: Holding social workers subject to 4th Amendment “reasonable search and seizure” requirements, including court warrant for entry if consent is denied and no emergency exists

Insurance

Elkins v. American Int’l Specialty Lines Ins. Co., 611 F.Supp.2d 752 (2009)

N/A

OUTCOME: actual notice provisions of agent’s E&O policy precluded coverage where claim was not made and notice given during effective dates or extended notice period of claims-made policy

Litigation

Lytle v. McClain, 9th Dist. No. 03CA008400, 2004 WL 1932975, 2004-Ohio-4572

N/A

OUTCOME: Affirming summary judgment and holding that professional malpractice defendant can submit own opinion evidence in support of summary judgment, which must be rebutted by contrary expert opinion

Litigation

Rowe v. Striker, 9th Dist. No. 07CA009296, 2008 WL 4901702, 2008-Ohio-5928

N/A

OUTCOME: affirming summary judgment and holding contractual membership relationship was not grounds for a claim in negligence

Litigation

Culgan v. Miller, 9th Dist. No. 10CA0074-M, 2011 WL 6016489, 2011-Ohio-6194

N/A

OUTCOME: affirming summary judgment and holding that doctrine of judicial estoppel precluded claim for $1 million in alleged property damages where plaintiff had claimed in prior bankruptcy to have property totaling $1,500

Kurt Daniel Anderson's Legal Cases (12)

Farley v. Gary Nichols Builders, 9th Dist. No. 99CA007530, 2000 WL 1875413

Hau v. Gill, Ninth Dist. No. 98CA007061, 1999 WL 492633

Delli Bovi, Exec. v. Pacific Indemn. Co., 85 Ohio St.3d 343, 708 N.E.2d 693, 1999-Ohio-380

Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 797, 88 N.E.2d 1088, 2003-Ohio-2573

Harris v. Mt. Sinai Medical Center, 116 Ohio St.3d 139, 876 N.E.2d 1201, 2007-Ohio-5587

Walsh v. Erie County Dept. of Job and Family Services, 240 F.Supp.2d 731 (2003)

Elkins v. American Int’l Specialty Lines Ins. Co., 611 F.Supp.2d 752 (2009)

Lytle v. McClain, 9th Dist. No. 03CA008400, 2004 WL 1932975, 2004-Ohio-4572

Rowe v. Striker, 9th Dist. No. 07CA009296, 2008 WL 4901702, 2008-Ohio-5928

Culgan v. Miller, 9th Dist. No. 10CA0074-M, 2011 WL 6016489, 2011-Ohio-6194