Attorney Paul Walter Leithart II's Legal Cases

Personal injury

Injury Case/Uninsured Motorist Settlement

Feb 17, 2016

OUTCOME: Settlement

My client was a passenger on a public transportation vehicle. He has been afflicted with Muscular Dystrophy since his teenage years. He is currently 40 years old and gainfully employed. He was in a ... scooter/wheelchair when a vehicle suddenly turned, forcing the driver of the client's vehicle to slam on the brakes. The negligent driver left the scene and was never identified. My client was thrown onto the floor, was in pain and agony, and spent weeks in the hospital and rehabilitation. Since the negligent driver was never identified, I pursued a claim for uninsured motorist coverage - my client was able to drive a handicapped equipped vehicle at the time of the incident. After much effort and investigation, the case was settled to my client's satisfaction.

Litigation

Company A v. Company B

Mar 02, 2012

OUTCOME: Judgment Collected in Full

I represented Company A, which is involved in the surveying business nationwide. Company B owed $20,000 and failed to respond to my client's repeated requests for payment. I filed a lawsuit for Compa ... ny A, obtained a judgment for the full amount due, and successfully collected the entire balance plus interest and costs.

Personal injury

Client vs. Insurance Company

Oct 01, 2009

OUTCOME: Settled for policy limits.

My client was injured when riding as a passenger on a motorcycle in West Virginia. She is a resident of Columbus, Ohio. She suffered a broken wrist that required surgery. The operator of the motorcyc ... le had insurance limits of $20,000. My client was prepared to accept the offer of $20,000 to settle, but fortunately she consulted with me before accepting the settlement. I explained to her that she was also entitled to pursue a claim for underinsured motorist coverage under her own policy. I also explained that in order to preserve the underinsured motorist claim that certain procedure needed to be followed. She retained my services and in addition to the $20,000 originally offered by the driver's insurance company I was also able to obtain a settlement with her company on the underinsured motorist claim for an additional $50,000. I was then able to negotiate a reduction with her medical insurance company on the amount to be reimbursed to them (a concept known as subrogation). My client was very pleased with the results of my efforts.

Car accident

Kimberly Doe vs. Allison Doe

Jan 29, 2009

OUTCOME: Settlement for Policy Limits

My client was struck by a vehicle on a state highway while at her mailbox retrieving her mail. She suffered serious injuries and missed work for a number of weeks. She was employed as a nurse at a l ... ocal hospital. The person who struck her had liability limits of only $50,000. Therefore, I pursued a claim under my client's own automobile policy for an underinsured motorist. There was another $50,000 available under that policy. I was successful in settling the case for a total of $95,000 - my client was willing to forego the additional $5,000 that was available in order to avoid the cost and time needed if the case were filed in court. I was therefore successful in recovering $95,000 for her without filing a lawsuit. I am now in the process of negotiating a reduction in the amount that she has to pay back to her medical insurance company under their subrogation claim.

Insurance

Insurance Company vs. Jane Doe

Oct 17, 2006

OUTCOME: Case settled - claim insured and fees paid

My client operated a small business in Columbus, Ohio. She was sued in West Virginia in a class action lawsuit alleging violations of the Federal Telephone Consumer Protection Act ("TCPA"). Her insur ... ance company declined coverage on the claim. My client was facing possible bankruptcy. Her insurance company sued her in a declaratory judgment action asking the court to declare that her insurance did not cover the TCPA class action lawsuit. I was able to convince the trial judge that the claim was covered. Following this decision the insurance company agreed to cover the claim and also reimbursed my client for all the attorney fees she had paid, an amount that was in excess of $72,000.

Foreclosure

Mortgage Company vs. John Doe

N/A

OUTCOME: The case was dismissed by the Plaintiff.

I represented a client who had been divorced from his wife several years ago. His wife was required to refinance the mortgage on their residence. She did not do so, the mortgage went into default, an ... d my client and his ex-wife were sued by the Plaintiff mortgage company. I filed a cross claim against my client's ex-wife. As a result of skillful and respectful negotiation with the Plaintiff mortgage company I convinced them to dismiss the case against my client. If the mortgage company had litigated the case to its conclusion my client would have faced a deficiency judgment that he could not afford to pay and would have been forced into a bankruptcy.

Litigation

Company vs. Jane Doe

N/A

OUTCOME: Judgment rendered for approximately $1.4 million.

I represent a company that employed a trusted individual in a secretarial/administrative position. The employee was eventually trusted with keeping the bank records for real estate companies owned by ... the family members who own the company. She did not have signature authority on the bank accounts. Over a period of about three years, the employee embezzled approximately $700,000 by forging signatures on checks made payable to either herself or to cash. Once this came to light her employment was terminated, a lawsuit against her was filed, and the matter was also turned over to the authorities. The lawsuit was filed based upon claims of conversion, embezzlement, violations of the Ohio RICO act, civil aiding and abetting and a civil action for criminal acts. I also filed a motion asking for a court order placing a pre-judgment attachment against the defendant's real estate. That motion was granted, so to the extent that she had some assets, my client had a secured position as to those assets. After the case was litigated for a number of months, she consented to a judgment in an amount slightly less than $1.4 million. The judgment includes provisions to make sure that the judgment remains even if the defendant files bankruptcy. We are now in the process of seizing some of her assets, including real estate, to satisfy the judgment.

Real estate

Receivership-Real Estate

N/A

OUTCOME: Decision for our client - damages awarded for approximately $1.9 million.

This case involved complex issues relating to a receivership, commercial real estate, hold-over tenancy and evictions. Our law firm represented the receiver and together with counsel for the plaintiff ... lending institution we tried to case to the court over a four day period in July, 2018.

Paul Walter Leithart II's Legal Cases (8)