Reported Cases

Proven criminal defense, personal injury & appellate representation in Cleveland, Ohio

• State v. Peterson, No. 75-350, Supreme Court of Ohio, 46 Ohio St. 2d 425; 349 N.E.2d 308; 1976 Ohio Lexis 655; 75 Ohio Op. 2d 48, June 12, 1976, Decided;

Pretrial motion by indigent criminal defendant for free transcript of co-defendant's prior trial was properly overruled because defendant had available to him alternative discovery devices for obtaining the information he sought from the transcript. Howard B. Maniker, for appellee. Mr. J. Gary Seewald, for appellant.

• State v. Muniz, No. 93528, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 2010 Ohio 3720; 2010 Ohio App. Lexis 3168, August 12, 2010, Released, August 12, 2010, Journalized.

Indictment in an intimidation case under R.C. 2921.04(B) was defective because the State failed to list the elements of a predicate offense and the date and location of an alleged crime constituting the predicate offense. Therefore, defendant did not receive adequate notice of the charges. For Appellant: J. Gary Seewald, Law Firm of J. Gary Seewald, Cleveland, Ohio. For Appellee: William D. Mason.

• Mosby v. Sanders, No. 92605, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 2009 Ohio 6459; 2009 Ohio App. Lexis 5409, December 10, 2009, Released.

A contractor's suit against a club to recover for injuries he sustained judgment as there was no evidence that the club had knowledge of prior violent altercations on its premises or that the club should have known that the member had a propensity for violence. For Appellant: J. Gary Seewald, Cleveland, Ohio. For Inter-City Yacht Club.

• State v. Mack, No. 92606, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 2009 Ohio 6460; 2009 Ohio App. Lexis 5408, December 10, 2009, Released, Discretionary appeal not allowed by State v. Mack, 124 Ohio St. 3d 1540, 2010 Ohio 1557, 924 N.E.2d 844, 2010 Ohio Lexis 855 (Ohio, Apr. 14, 2010).

The trial court lost jurisdiction to impose sentence due to the inexcusable delay between defendant's conviction and his December 2008 sentencing hearing, in violation of Crim. R. 32(A). Because the sentences were void, there was a delay of over 26 months between the finding of guilt and the imposition of sentence on two counts in December 2008. For Appellant: J. Gary Seewald, Law Firm of J. Gary Seewald, Cleveland, Ohio. For Appellee: William D. Mason.

• Castro v. Higginbotham, No. 88559, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 2007 Ohio 3260; 2007 Ohio App. Lexis 3016, June 28, 2007, Released.

Because a vehicle purchaser alleged that an arbitration agreement in a purchase contract was, inter alia, unconscionable, unenforceable, and constituted an adhesion contract, R.C. § 2711.03 required that the trial court conduct a hearing before the action as the purchaser was challenging the validity of the arbitration agreement. For Appellant: J. Gary Seewald, Esq., Cleveland, Ohio. For Appellees: Russell W. Harris

• Struna v. Convenient Food Mart, No. 84886, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 160 Ohio App. 3d 655; 2005 Ohio 1861; 828 N.E.2d 647; 2005 Ohio App. Lexis 1772, April 21, 2005, Date of Announcement of Decision, Discretionary appeal not allowed by Struna v. Convenient Food Mart, 2005 Ohio 4605, 2005 Ohio Lexis 1999 (Ohio, Sept. 7, 2005); 

Market was entitled to directed verdict under Ohio R. Civ. P. 50 on lottery winner's fraud claims as, while there was evidence that owner misrepresented lottery rules and that the winner purchased average of 50 tickets per drawing at market in reliance on misrepresentations, winner agreed to be bound by rules of game and reliance was not justified. For Defendants-Appellants/Cross-Appellees: J. Gary Seewald, Cleveland, Ohio.

• Jones v. Kemper Ins. Co., No. 82563, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 2003 Ohio 6899; 2003 Ohio App. Lexis 6223, December 18, 2003, Date of Announcement of Decision.

Granting of insurance company's motion for reconsideration and finding injured motorist was not entitled to UM/UIM Coverage as a matter of law were proper, as he was not entitled to coverage regardless of whether Ohio or Wisconsin law was applied. Plevin, Heller & McCarthy, Cleveland, Ohio, J. Gary Seewald, Esq., Cleveland, Ohio. For defendants-appellees: Therese

• State v. Terry, No. 81906, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 2003 Oho 3355; 20003 Ohio App. Lexis 2997, June 26, 2003, Date of Announcement of Decision.

Where defendant voluntarily completed his sentence on misdemeanor conviction at time of appellate decision, appeal was moot. There was no evidence that conviction was to impose collateral disability or loss of civil rights on defendant. Cleveland, Ohio. For Defendant-Appellant: J. Gary Seewald, Esq., Cleveland, Ohio.

• State v. Donaldson, Nos. 80928, 80929, 80930, 80931, 80932, 80933, 80934, 80935 and 80936, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 2002 Ohio 6048; 2002 Ohio App. Lexis 5871, November 7, 2002, Date of Announcement of Decision, Appeal denied by State v. Donaldson, 98 Ohio St. 3d 1511, 2003 Ohio 1572, 786 N.E.2d 62, 2003 Ohio Lexis 806 (2003) Appeal after remand at, Remanded by, Sub-nomine at State v. Todd, 2005 Ohio 4136, 2005 Ohio App. Lexis 3779 (Ohio Ct. App. Cuyahoga County, Aug. 11, 2005).

In nine actions to adjudicate defendants as sexual predators, the trial court erred in granting defendants' motions for summary judgment because, although sexual predator adjudication was civil in nature, the civil rules of pleading did not apply; Defendant-Appellee: [John C. Kosir] J. Gary Seewald, Cleveland, Ohio. For Defendant-Appellee: [Anthony R.]

• State v. Danisek, C.A. No. 3097-M, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 2001 Ohio App. Lexis 1275, March 21, 2001, Decided.

The trial court did not err in granting the State's forfeiture petitions for defendant's car where the hearing was conducted on 29 days after defendant's conviction, well within the 45-day limit provided by statute. J. Gary Seewald, Attorney at Law, Cleveland, Ohio, for Appellant.

• Tonelli v. M.H. Hausman Co., Nos. 55915, 55932, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1989 Ohio App. Lexis 5073, September 28, 1989, Decided.

Because a property owner did not have a duty to remove snow and ice from a parking lot and because there was no evidence that the lost was improperly plowed, summary judgment on a pedestrian's negligence claim against the property owner was proper. For Plaintiffs-Appellants: J. Gary Seewald, Cleveland, Ohio. For Defendant-Appellees, Third-Party

• Tower Mgmt. Co. v. Barnes, No. 51030, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1986 Ohio App. Lexis 7788, August 7, 1986, Decided.

A trial court improperly granted a landlord's motion for relief from the judgment in favor of a tenant where the landlord presented no new evidence and was merely attempting to a avoid a direct appeal of the judgment.

• Danello v. Holyko, No. 50339, Court of Appeals, Eighth Appellate District of Ohio, Cuyahoga County, Ohio, 1986 Ohio App. Lexis 6039, March 20, 1986.

Landlords were not entitled to recover attorney's fees in a landlord-tenant dispute because they were cost and not part of the damages judgment and because a wrongfully security deposit exceeded the landlords' statutory damages. Appellees: J. Gary Seewald, Esq., Cleveland, Ohio.

• Veytsman v. Graham, No. 49894, Court of Appeals, Eighth Appellate District of Ohio, Cuyahoga County, Ohio, 1985 Ohio App. Lexis 9414, November 21, 1985.

In a motor vehicle accident case, nearly all of the pedestrian's witnesses contradicted earlier statements, which left the jury free to question their credibility and discount their version of events and believe the motorist that struck her.

• Cleveland Heights v. Perryman, Nos. 45103, 45591, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 8 Ohio App. 3d 443; 457 N.E.2d 926; 1983 Ohio App. Lexis 10983; 8 Ohio B. Rep. 567, February 24, 1983, Decided.

Traffic tickets charging DWI were defective for failing to charge offenses with sufficient clarity, but the city was properly allowed to make amendments to cure the defects by specifically charging driving while under the influence of alcohol. Larry Sachs, for appellee. Mr. J. Gary Seewald, for appellant Richard Perryman. Mr. Thomas L.

• State v. Jackson, Nos. 40236, 40327, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1980 Ohio App. Lexis 13790, January 31, 1980.

In an action involving prostitution, weight of evidence supported the convictions where it was shown that the victim was forced into engaging in sexual activity for hire and that defendants managed victim's activities and threatened her with force. T. Corrigan For Defendant Appellants: J. Gary Seewald.

• Kwait, McClatchy, Chaisson & Buchman, Inc. v. Expo Homes, Inc., No. 39282, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1980 Ohio App. Lexis 13722, January 17, 1980, Pursuant to Rule 2(G) of the Ohio Supreme Court rules for the reporting of opinions, unpublished opinions may be cited subject to certain restraints, limitations and exceptions. 

The lessor's action to recover from a lessee's insurer under a theft policy failed because the lessor was not a third-party beneficiary of the policy, and state law did not permit a direct action against an insurer by an uninsured property owner. For Plaintiff-Appellant: Gary Seewald. For Defendant-Appellees: Thomas D. Hunter; James

• Janashak v. Brook Park Skateland, Inc., No. 40207, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1979 Ohio App. Lexis 11045, December 13, 1979.

An injured skater's negligence case was properly dismissed with prejudice for want of prosecution where the injured skater did not attend the trial, and counsel refused to proceed in her absence. Her failure to appear was negligence and irresponsible. For Plaintiff-Appellant: J. Gary Seewald. For Defendant-Appellees: Paul C. Wagner, Robert

• I & L of Mentor Mall, Inc. v. Monumental Properties of Ohio, Inc., Case no. 39284, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1979 Ohio App. Lexis 12104, August 30, 1979

J. Gary Seewald, Counsel for Appellant Melvyn E. Resnick, Dworken

• Darrough v. Isko, No. 37502, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1978 Ohio App. Lexis 10406, May 25, 1978.

The fact that a motorist hit a utility pole that was 100 feet from the point of impact did not require a finding that his car's defective brakes were a proximate cause of his injuries and did not, by itself, establish contributory negligence. For Plaintiff-Appellee: J. Gary Seewald.

• Pechman v. Carlton & Douglas Advertising Co., No. 37054, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1978 Ohio App. Lexis 10289, April 27, 1978.

A court properly dismissed a former employee's appeal of a state board's decision that denied her unemployment compensation. Statutorily created appeals have to be carried in the statutorily prescribed mode. For Plaintiff-Appellant: J. Gary Seewald

• State v. Liddell, No. 37134, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1978 Ohio App. Lexis 9838, March 2, 1978.

A trial court's conviction of defendant for possession of criminal tools was affirmed because there was a sufficient evidence to establish defendant's guilt beyond a reasonable doubt, and an officer's testimony on the tools used was admissible. T. Corrigan. For Defendant-Appellant: J. Gary Seewald

• Rey v. American Reserve Corp., No. 36137, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1977 Ohio App. Lexis 9786, June 16, 1977.

In insureds' action under automobile insurance policy, termination of policy resulted from "lapse," not form cancellation, because policy period had expired. Hence, notice of expiration was not required, and policy did not automatically renew itself. For Plaintiffs Appellees: J. Gary Seewald. For Defendant Appellant: Gary D. Hermann.

• Bennett v. Valenti, No. 34894, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1976 Ohio App. Lexis 7061, July 1, 1976.

Police officer was improperly awarded punitive damages on his invasion of privacy claim stemming from the use of a picture of him in a politics-related advertisement in a newspaper because no malice found; compensatory damages award was reduced. Burt Sagen. For Defendants Appellants: J. Gary Seewald

• State v. Hicks, No. 34575, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 48 Ohio App. 2d 135; 356 N.E.2d 319; 1976 Ohio App. Lexis 5779; 2 Ohio Op. 3d 107, May 8, 1976, Decided.

A trial court did not commit prejudicial error in admitting into evidence defendant's oral statement made to detective when a prosecuting attorney informed defendant of the statement pursuant to defendant's discovery request. T. Corrigan, for appellee. Mr. J. Gary Seewald, for appellant.

• State v. Hicks, No. 34353, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1976 Ohio App. Lexis 7480, February 26, 1976.

State violated procedural rules when it failed to file certification of nondisclosure of agent's names at time it complied with defendant's request for discovery; however, where certification was one day late, allowing agent to testify was proper. T. Corrigan. For Defendant Appellant: J. Gary Seewald, William M. Marshall, Jr.

• State v. Peterson, No. 33399, Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, 1975 Ohio App. Lexis 6107, March 6, 1975, Pursuant to Rule 2(G) of the Ohio Supreme Court rules for the reporting of opinions, unpublished opinions may be cited subject to certain restraints, limitations and exceptions.

An indigent defendant convicted of auto stealing and other crimes was not entitled to a transcript of is co-defendant's trial at the State's expense where he has failed to indicate how he would be prejudiced by its denial. T. Corrigan. For Defendant Appellant: J. Gary Seewald.