2012 annual convention a collection of closing arguments...

2012 Annual Convention

A Collection of Closing Arguments: Your Last Stand

Litigation Section

3.0 General CLE Hours

May 2-4, 2012 ♦ Cincinnati

CONTRIBUTORS

Paula Brown Kravitz, Brown & Dortch LLC Columbus, Ohio Ms. Brown received her AD from Youngstown University, her bachelor’s degree from Otterbein College, and her JD from Capital University Law School. Her professional memberships include the American Bar Association and National Association of Criminal Defense Lawyers. Ms. Brown practices in both state and federal courts focusing on criminal defense, administrative law, domestic relations and equine law. She has been involved in complex white collar litigation involving such matters as RICO, mail fraud, money laundering, and FDCA offenses. Ms. Brown has obtained acquittals or dismissals in cases involving attempted murder, conspiracy, mail fraud, rape, kidnapping, and countless additional cases. She has been successful in numerous appellate cases. Ms. Brown is an expert in equine law and has been successful in not only having racing commission cases dismissed but she has also recovered attorney’s fees on behalf of clients several times from the Ohio State Racing Commission. For additional information, please visit www .kravitzllc.com.

David C. Calderhead Calderhead Lockemeyer & Peschke Milford, Ohio Mr. Calderhead received his BA from Taylor University and his JD from Cleveland State University Cleveland-Marshall College of Law. His professional memberships include the Ohio State Bar Association, Cincinnati Bar Association, Clermont County Bar Association, Kentucky Bar Association, Defense Research Institute, Ohio Association of Civil Trial Attorneys, and Order of Barristers. Mr. Calderhead is the managing member and senior attorney at his firm. He practices in the areas of professional liability, appellate practice, civil litigation, medical malpractice defense, insurance defense, health care, and consumer law institute. In his 24 years as an attorney, Mr. Calderhead has tried over 70 cases, with over 60 of the trials being medical malpractice cases. His appellate work has included successfully arguing cases in the Supreme Court of Ohio and various courts of appeals in Ohio. For additional information, please visit www.clp-law.com.

Subodh Chandra The Chandra Law Firm LLC Cleveland, Ohio Mr. Chandra received his AB from Stanford University and his JD from Yale Law School. He is managing partner of his firm and his practice focuses on white-collar-criminal law, internal investigations, and high-profile civil and appellate litigation, including civil-rights, employment, and business litigation, in both federal and state courts, often with a crisis-communications, public-policy dimension. Mr. Chandra served as director of law of the City of Cleveland, a $1.3 billion corporation. He led the work of an 82-lawyer department with both criminal and civil divisions and served as acting mayor in the mayor’s absence. As Cleveland’s general counsel, Mr. Chandra handled legal work in-house and slashed by nearly 90 percent spending on outside counsel, saving millions; moved vigorously through in-house investigations to clean up internal corruption; restored the department’s reputation; and attracted top performers who helped make it the most diverse law firm in Ohio. For additional information, please visit www.chandralaw.com.

Richard M. Kerger Kerger & Hartman LLC Toledo, Ohio Mr. Kerger received his BA from The Ohio State University and his JD from The Ohio State University Michael E. Moritz College of Law. His professional memberships include the American College of Trial Lawyers (Fellow), American Board of Trial Advocates (Fellow), International Society of Barristers (Fellow), and The College of Master Advocates and

Barristers (Fellow). Mr. Kerger was one of the founders of his firm and has represented congressmen, judges, lawyers, clergymen, Fortune 500 companies, the Ohio Democratic Party, and ordinary citizens. He has tried virtually every kind of case, from capital murder, to patents to antitrust and products liability. Mr. Kerger is described in the international guide to lawyers, Chambers and Partners, as a trial lawyer who can breathe a human story into commercial litigation, a lawyer who never gets too emotional and a lawyer who reads the other side in negotiations well. He is a frequent lecturer and writer on trials and litigation related topics. For additional information, please visit www.kergerlaw.com.

Christopher C. Koehler Frantz Ward LLP Cleveland, Ohio Mr. Koehler received his BA from College of the Holy Cross and his JD from Case Western Reserve University School of Law. His professional memberships include the Ohio State Bar Association, Cleveland Metropolitan Bar Association, and Defense Research Institute. Mr. Koehler focuses his practice on trial and litigation of business disputes of all types, including claims involving business torts, trade secrets, non-competition agreements, and breach of contract and warranty claims. He also has extensive experience in the defense of product liability and toxic tort claims, and has represented manufacturers of a wide range of products, including automobiles, industrial equipment and various consumer products. In addition, Mr. Koehler counsels companies and individuals in all facets of business disputes, including litigation avoidance. For additional information, please visit www.frantzward.com.

Justice Judith Ann Lanzinger Supreme Court of Ohio Columbus, Ohio Justice Lanzinger received her BEd from the University of Toledo and her JD from The University of Toledo College of Law. Her professional memberships include the Commission on the Rules of Superintendence for Ohio Courts (Chair); Morrison R. Waite American Inn of Court (Charter Member). In 2004, Justice Lanzinger was elected the 150th Ohio Supreme Court Justice, an event that made history since she is the only person ever elected to all four level of Ohio’s judiciary. For 25 years, she has served on the Supreme Court, the Sixth District Court of Appeals, the Lucas County Court of Common Pleas, and the Toledo Municipal Court. Justice Lanzinger is the only Justice to hold an advanced judicial studies degree from the National Judicial College and the University of Nevada, Reno. Prior to joining the bench, she practiced civil law with a corporation and then a Toledo law firm. Justice Lanzinger has been an Adjunct Professor since 1988 at The University of Toledo College of Law and has taught judicial courses throughout the United States, as well as in the former Soviet Union. She has received the Toledo Junior Bar’s Order of the Heel and the Arabella Babb Mansfield Award from the Toledo Women’s Bar Association, both given for assistance to young Lawyers. Justice Lanzinger was recently recognized by the National Judicial College for 12 years of faculty work. For additional information, please visit www.supremecourt .ohio.gov.

Deborah J. Michelson Miller Goler Faeges LLP Cleveland, Ohio Ms. Michelson received her BA from Northwestern University and her JD from Case Western Reserve University School of Law. Her professional memberships include the Cleveland Metropolitan Bar Association (Commercial Courts Subcommittee; Litigation Section; Women-in-Law Section), Ohio State Bar Association (Litigation Section Council); Ohio Women’s Bar Association, American Bar Association (Litigation Section), and William K. Thomas Inn of Court. Ms. Michelson is a trial and appellate lawyer in a business “boutique” firm representing clients throughout Ohio and nationwide in a broad range of commercial disputes, including business torts, intellectual property rights, securities fraud, employment discrimination, contract claims, commercial real estate, business “break-ups” and wind-downs, fiduciary litigation, insurance coverage, probate matters, corporate governance, and ERISA-related issues. She serves a diverse clientele in industries that include publicly-traded companies as well as mid-size and small operations. Ms. Michelson

often works with experts in the physical and social sciences, human resources, specific industry practices, and computer forensics. For additional information, please visit www .millergolerfaeges.com.

Magistrate Judge Michael J. Newman U.S. District Court Southern District of Ohio Dayton, Ohio Magistrate Judge Newman received his BFA from New York University and his JD from the American University Washington College of Law. His professional memberships include the Dayton Bar Association, Carl D. Keller Inn of Court (Master), Ohio State Bar Association (Chair, Federal Courts and Practices Committee), and the Federal Bar Association (Board of Directors). Magistrate Judge Newman was previously a partner in the Cincinnati office of Dinsmore & Shohl LLP, where he represented both plaintiffs and defendants and practiced in the areas of labor and employment, business litigation, and appellate litigation. He served as a law clerk to Sixth Circuit Judge Nathaniel R. Jones and as a career law clerk to Magistrate Judge Jack Sherman Jr. Magistrate Judge Newman co-authored a monthly column on labor and employment for The Federal Lawyer magazine and co-edited the Bench-Bar Handbook for the Southern District of Ohio. He has taught as an adjunct professor at the University of Dayton School of Law, as well as other schools. In 2010, Magistrate Judge Newman was honored to receive the Federal Bar Association’s Elaine R. “Boots” Fisher National Public Service Award, which is given annually to one lawyer in the United States for “exemplary community, public, and charitable service.”

Honorable Richard D. Reinbold Jr. Canton, Ohio Judge Reinbold received his BA from Miami University and his JD from The University of Akron School of Law. His professional memberships include the Ohio State Bar Association, Stark County Bar Association, and Judicial College. Judge Reinbold is an instructor for the Judicial College.

Allen Schulman Schulman Zimmerman & Associates Canton, Ohio Mr. Schulman received his undergraduate degree from Miami University and his JD from The University of Akron School of Law. His professional memberships include American Association for Justice (Sustaining Member), International Academy of Trial Lawyers, International Society of Barristers, and American Board of Trial Advocates. Mr. Schulman is a senior partner in his firm and his focus has been exclusively on the representation of individuals and families who have been killed or injured as a consequence of negligence. He was an examiner for the Board of Bar Examiners of the Supreme Court of Ohio and was appointed by the Court to the Committee on Attorney Specialization. For additional information, please visit www.lawyersonyourside.com.

A Collection of Closing Arguments:

Your Last Stand Session # 301

Chapter 1

Case of Involuntary Manslaughter and Child Endangering Paula Brown Facts .................................................................................................................................................... 1.1 Law ...................................................................................................................................................... 1.2 Chapter 2

Case Summary Regarding Closing Argument Medical Malpractice Defense David C. Calderhead Brief Summary ................................................................................................................................... 2.1 Details ................................................................................................................................................. 2.1 Suggested Reading ............................................................................................................................. 2.2 Chapter 3

Closing Argument for the Plaintiff in Lockhart v. Village of Woodmere—How to Follow It and What to Look For Subodh Chandra Memorandum ..................................................................................................................................... 3.1 Key Jury Instructions ........................................................................................................................ 3.3 Lamont Lockhart v. Village of Woodmere & Yolanda Broadie—Case Summary ........................ 3.13 Chapter 4

Case Summary: Groeneveld v. Transport Efficiency, Inc. v. Lubecore International LLC Deborah J. Michelson Case Summary ................................................................................................................................... 4.1 Photos .................................................................................................................................................. 4.3 Lost Sales Damages ......................................................................................................................... 4.15 Stipulations ...................................................................................................................................... 4.17 Jury Instructions .............................................................................................................................. 4.21 Chapter 5

Case of the Young Underinsured Driver Allen Schulman Case of the Young Underinsured Driver .......................................................................................... 5.1

Case of Involuntary Manslaughter • 1.1

1 Case of Involuntary Manslaughter and Child Endangering Paula Brown Kravitz, Brown & Dortch LLC Columbus, Ohio

FACTS

This was a case that involved the death of young child, Sara, who was four years old at the time of her death. The primary issue at trial was whether Sara’s death was accidental or was it as a result of the Defendant shaking her as alleged by the State.

The worst thing a parent can experience is the death of their child—nothing worse—how do you ever recover—and you never stop grieving. And then to be accused of being the cause of your child’s death is unbearable. The Defendant was a good mother to Sara—she was a step-mother in words only—she was the only mother Sara ever knew.

The Defendant, her husband and their four children lived in a house that was over 200 years old. The stairway to the upstairs was open and the steps were steep and slightly slanted. There was a railing that circled up and around the steps near the upstairs bedrooms.

The Defendant maintained that Sara died as a result of the injuries she received from falling down the stairs. The Defendant had no idea how the fall actually occurred since she only heard a loud noise and did not see Sara fall. On the day of Sara’s accident, she and her mother were the only ones at home. They were getting ready to go out to a dentist appointment when the Defendant told Sara to go and put on the clothes she had laid out on the bed for her. The next thing the Defendant knew, she heard a loud noise followed by moaning. She immediately started yelling and looking for Sara. The Defendant found Sara near the bottom of the steps, and she was unconscious. The Defendant grabbed her daughter and carried her to the couch to get a better look at her and her injuries. She tried get her to respond and even tried smelling salts. There was no response. She called 911 and her daughter was life-flighted to an intensive care pediatric unit. She was pronounced brain dead the next day.

1.2 • A Collection of Closing Arguments

Initially, the coroner, who conducted the autopsy, listed her death as an accident. In fact, during the autopsy he did not remove the eyes to check for retinal hemorrhages, which can be associated with shaken baby syndrome. The Defendant was eventually charged with one count of involuntary manslaughter and one count of child endangering several years after her daughter died. The first grand jury refused to issue an indictment.

The Defendant always maintained her innocence. And the jury believed her.

LAW

Beyond a reasonable doubt.

State has to prove that Defendant recklessly caused the death of her child

Battle of the experts and how the forensic evidence relates to the medical evidence.

2 Case Summary Regarding Closing Argument Medical Malpractice Defense David C. Calderhead Calderhead Lockemeyer & Peschke Milford, Ohio

Case Summary • 2.1

3 Closing Argument for the Plaintiff in Lockhart v. Village of Woodmere—How to Follow It and What to Look For Subodh Chandra The Chandra Law Firm LLC Cleveland, Ohio

Closing Argument • 3.1

4 Case Summary: Groeneveld Transport Efficiency, Inc. v. Lubecore International LLC Deborah J. Michelson Miller Goler Faeges LLP Cleveland, Ohio

5 Case of the Young Underinsured Driver Allen Schulman Sculman Zimmerman & Associates Canton, Ohio

Case of the Young Underinsured Driver • 5.1

2012 annual convention a collection of closing arguments...

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