Attorney David Mitchell Paris's Legal Cases

Medical malpractice

O'Malley v. Dermatology Partners, Inc.

Feb 24, 2012

OUTCOME: Jury Verdict - $180,000

Jury Veridct for our client who went to his dermatologist because of a small red dot on the side of his nose. The dr. took a shave biopsy and his staff mixed up the tissue samples with that of another ... patient. The other patient had malignant melanoma, while our client had a basal cell lesion. Our client was treated as if he had malignant melanoma which required a more aggressive and radical excision and which necessitated a more complex and staged reconstruction. The defense claimed that he would have needed the same surgeries anyway and that if any damages should be awarded, it should be for the 18 days that he was under the mistaken belief that he had malignant melenoma. The jury rejected this argument and determined that he underwent unnecessary surgeries leaving him with a forehead scar that would not have otherwise been present. Interestingly, I decided to leave on the jury an orthopedic surgeon and the director of a hospital lab, despite their apparent affinity for the healthcare industry.

Car accident

Elesky v. Progressive Insurance Co.

Mar 11, 2011

OUTCOME: Jury Verdict- $191,000

Wayne came to me about 8 months after he was struck as a pedestrian by a hit and run driver. He was hit while working as a tow truck operator. He said that he had a herniated disc and was having troubl ... e working but didn't want to make waves on his job. Wayne had just been released from prison after 17 years, was concerned that he'd be fired if he made a claim and that a jury would laugh him out of court. Progressive felt the same way and offered Wayne only $10,000. That offer didn't change even when Wayne's doctor told Progressive that he would need surgery and his ability to work in the future would be impaired. Progressive was given the chance to settle the case for $100,000, but declined to be reasonable. The jury didn't hold Wayne's past against him, weighed the evidence in an impartial manner and awarded him everything he asked for.

Trucking accident

Canty v. Trucking Co.

Feb 23, 2011

OUTCOME: $1 Million Settlement

Our 63 year old client, who was already on disability, was driving from New York to Cincinnati when a semi tractor trailer went left of center and struck him. He sustained serious orthopedic injuries t ... o his left shoulder, left wrist and left hand. He also sustained a mild traumatic brain injury. The issue became whether Ohio's cap on pain and suffering damages applied or whether his surgical scars could be found to be substantial physical deformities which rendered the caps inapplicable.

Defective and dangerous products

John Doe v. ABC Manufacturer

Jan 04, 2010

OUTCOME: Settled for a confidential amount

We represented a 56 year old truck driver who was rendered blind when a plastic wheel from his snow blower exploded during inflation. He owned it for 2 seasons but had hardly used it. He noticed a flat ... tire & took it to a local gas station. He inflated the tire for a few seconds until the bead seated. He then continued inflation for a few more seconds, stopped, reached for his manual gauge and the plastic wheel exploded, sending shards of plastic into his face and eyes. The manufacturer recalled 138,000 of these wheels across the nation. We claimed that the wheel was defective in the manner in which it was manufactured and constructed; defective by virtue of its inferior design, both structurally and in its chemical composition; and defective because the inflation warnings and instructions, related to using a commercial compressor, were inadequate. Our client had incurred $70,000 in medical bills; had impaired earning in the amount of $400,000 and a life care plan in excess of $1 Million. The case was settled for a confidential amount through private mediation shortly before trial.

Trucking accident

Chapman vs. Milford Towing

Jul 17, 2009

OUTCOME: $1.5 Million Jury Verdict

Our client pulled his tractor trailer onto the berm of the interstate because it was not running right. He called dispatch and a tow truck came to the scene. The tow truck driver failed to give clear a ... nd unambiguous directions to our client about the towing process in which he was about to engage. While our client was back in the cab speaking to the dispatch office, the tow truck operator lifted the cab 12" - 18" off the ground. When our client went to exit the cab, he stepped down the first step causing the cab to rock and swivel. This resulted in him falling toward the interstate where he was hit in mid air by a passing truck. He ultimately had an above the knee amputation. The jury awarded $2 Million and found him 25% at fault. The court awarded prejudgment interest to the plaintiff, finding that the defendant's offer of only $100,000 to be an irrational evaluation of it's risks and potential liability.

Car accident

Jane Doe vs. Driver

Jun 01, 2009

OUTCOME: $3,249,000 Settlement

Our 61 year old client was struck by a car as she was crossing the street. She was in a cross walk on a dark and rainy evening. The impact caused her to strike her head against the pavement resulting i ... n a traumatic brain injury. The defendant claimed that our client ran into the side of her car without paying attention to oncoming traffic.

Slip and fall accident

Jane Doe vs. ABC Restaurant

Dec 01, 2007

OUTCOME: $5 Million Settlement

Our client was leaving a restaurant with her 3 year child. She was 24 weeks pregnant with twins. As she was walking to her car, she stepped in a large hole that had been there for a substantial period ... of time without repair or guarding. She fell on her abdomen and was taken to the hospital. Shortly thereafter, she became dilated and her membranes were "hour glassing". Her membranes became contaminated and, 4 days later, Twin A's heartbeat became tachycardic.The presumptive diagnosis was chorioamnionitis which required her physicians to perform an emergency C-section. Twin A died at birth as a result of the infection. Twin B was septic, but survived after spending approximately 9 months at the hospital. Twin B will be left with significant developmental delays.

Class action

Baughman v. State Farm Insurance Co

Oct 12, 2006

OUTCOME: $31 Million settlement

When an Ohio Supreme Court decision created an opportunity for policyholders to forgo purchasing uninsured motorist coverage on each household vehicle, State Farm failed to disclose that information. T ... he policyholders claimed that State Farm had a duty to inform it's policyholder of this fact; and that State Farm made active misrepresentations to its policyholders about it's coverages. State Farm denied the allegations. After 11 years of litigation, several appeals and 35 depositions the matter was settled.

Class action

Lisa Washington v. Spitzer Autoworld

Jun 01, 2005

OUTCOME: $10 Million Settlement

Spitzer had been inserting a $97.50 fee in its Buyers Agreements since, at least, the early 1980's. In 1989, the Ohio Attorney General called this practice deceptive and forced Spitzer to stop charging ... this fee for what it described in its contracts as "delivery and handling". However, Spitzter continued the practice by changing the description of the fee to "dealer overhead". Our client sued claiming that this fee violated the Ohio Consumer Sales Practice Act because it was deceptive, made consumers believe that it was non-negotiable and, in effect, was an add-on item which raised the sales price of vehicles to be in excess of the advertised price.

Medical malpractice

Estate Of Jane Doe vs. Family Doctor

Oct 13, 2003

OUTCOME: $2.1 Million Settlement

Our client's 54 year wife died of drug induced liver failure leaving her husband of 31 years and 2 adult children. She was being treated with Baycol for high cholesterol by her primary care physician. ... The PDR recommends liver function studies before placing the patient on the drug (for a baseline) 6 weeks later, 12 weeks later and then every 6 months. Her doctor failed to follow that protocol and she awoke jaundiced and in fulminant liver failure. All other probable causes were ruled out. Plaintiff's experts opined that the family physician was negligent in failing to perform the liver testing timely; and that had they been performed before the prescription was renewed, they would have been abnormal prompting a reversal of her condition. Defendant's expert opined that, although this was probably a drug induced liver failure, no one could state with any degree of certainty which drug or combination of drugs were responsible or what her liver enzymes would have been if tested before her prescription was renewed.

David Mitchell Paris's Legal Cases (16)

O'Malley v. Dermatology Partners, Inc.

Elesky v. Progressive Insurance Co.

Canty v. Trucking Co.

John Doe v. ABC Manufacturer

Chapman vs. Milford Towing

Jane Doe vs. Driver

Jane Doe vs. ABC Restaurant

Baughman v. State Farm Insurance Co

Lisa Washington v. Spitzer Autoworld

Estate Of Jane Doe vs. Family Doctor