Lee E. Plakas

Nature of Case:
Jury verdict in favor of small family bakery falsely accused of racism after it detained and prosecuted Oberlin College students who shoplifted from store.

Result:
$44,200,000 verdict and attorney fee award in favor of client Gibson’s Bakery.

Length of Trial:
6 weeks

Significant Points:
Largest defamation verdict in Ohio’s legal history. Additional attorney fee award of $6.6 million. Received international attention.

Case Identification:
Gibson Brothers vs. Oberlin College

Venue:
Lorain County Common Pleas Court

Date:
Spring 2019

Nature of Case:
Jury verdict in favor of hospital client against competing hospital health system that had entered into secret relationships and made secret payments to health insurance brokers to convert group health consumers to its health plans and health system.

Result:
$10,145,000 verdict and attorney fee award in favor of client Mercy Medical Center.

Length of Trial:
9 weeks – longest civil trial in Stark County history

Significant Points:
Largest business or commercial verdict in Stark County history; also only known verdict finding that a non-profit health system had engaged in a Pattern of Corrupt Activities.

Case Identification:
Mercy Medical Center vs. Aultman Health System

Venue:
Stark County Common Pleas Court

Date:
Spring 2010

Nature of Case:
Successful defense of a claim against international Summit County based electrical transformer company client against a claim by business associates, alleging an ownership interest in the international operations of the company and its revenues amounting to tens of millions of dollars.

Result:
Defense verdict on behalf of electrical transformer company client rejecting the claims of ownership and recovery on counterclaim against claimants in favor of client company for claimants’ unfounded allegations in the amount of $50,000.

Length of Trial:
4 weeks

Significant Points:
Trial involved witnesses and transactions in Europe and Canada, including attempts by claimants to set up unauthorized business operations in Canada and Europe utilizing trade names and intellectual property of client

Case Identification:
S.D. Myers vs. George, et al.

Venue:
Summit County Common Pleas Court

Date:
Fall 1989

Nature of Case:
Successful defense of allegations of business fraud in contract agreements and invoices, with claims of financial damages of $15 million.

Result:
Successful defense of claim against client in excess of $15 million for alleged lost profits based upon claim of fraudulently inflated job quotes; client awarded damages of $65,000 in counterclaim.

Length of Trial:
3 weeks

Significant Points:
Alleged damages included $15 million in lost profits and lost opportunities, plus a claim for punitive damages.

Case Identification:
GBS vs. Hughes Financial

Venue:
Stark County

Date:
1998

Nature of Case:
Breach of contract trial asserted by McDonald’s franchisee client against another McDonald’s franchisee for the latter’s failure to honor an agreement to sell a McDonald’s restaurant to client.

Result:
$2,500,000 judgment including interest in favor of client.

Length of Trial:
1 week

Significant Points:
Case challenges included projecting the value of the lost opportunity to own a specific McDonald’s store.

Case Identification:
Tomtreyco vs. Dana Lewis McDonalds

Venue:
Stark County

Date:
March 2010

Nature of Case:
Harassment and sexually hostile work environment case against local dentist brought on behalf of female dentist employee.

Result:
$1,505,000 verdict in favor of client female dentist.

Length of Trial:
1-1/2 weeks

Significant Points:
Verdict included $5,000 compensatory damages and $1,500,000 punitive damages. This is largest verdict in a sexual harassment case in Stark County history.

Case Identification:
Schen vs. Dr. Wilson

Venue:
Stark County Common Pleas Court

Date:
May 2005

Nature of Case:
Case on behalf of former police chief of township for wrongful termination.

Result:
Verdict in the amount of $530,000 in favor of client former police chief.

Length of Trial:
1-1/2 weeks

Significant Points:
Although there was no written employment agreement guaranteeing employment, the jury found in favor based upon concepts of promissory estoppel and implied contract.

Case Identification:
Paar vs. Jackson Township

Venue:
Stark County Common Pleas Court

Date:
July 2003

Nature of Case:
Claim by client University of Akron professor against University for violation of freedom of speech and gender discrimination.

Result:
Verdict in favor of employee/client in amount of $60,000.

Length of Trial:
1-1/2 weeks

Significant Points:
This is only known verdict where a state university has been found to have violated a professor’s right to freedom of speech.

Case Identification:
Speers vs. University of Akron

Venue:
Akron Federal District Court/Northern District of Ohio

Date:
May 2002

Nature of Case:
Allegation of sexual harassment and sexually hostile workplace brought by a dental assistant against a large and well-known Summit County dental practice.

Result:
Verdict for defense on behalf of client/employer/dental practice.

Length of Trial:
1-1/2 weeks

Significant Points:
Three similarly situated employees filed three separate lawsuits on the same grounds. After the dental practice was successfully defended by Mr. Plakas in the first lawsuit, the other two claims were dismissed.

Case Identification:
Vani vs. SDG

Venue:
Summit County Common Pleas Court

Date:
1998

Nature of Case:
Racial discrimination case brought by employee against Summit County international manufacturer based upon alleged unequal disciplinary action.

Result:
Defense verdict on behalf of client/employer.

Length of Trial:
1-1/2 weeks

Significant Points:
Claimant made claim for both compensatory and punitive damages amounting to high six figures, with a zero verdict final result.

Case Identification:
Hills vs. SDM

Venue:
Summit County Common Pleas Court

Date:
1999

Nature of Case:
Sexual harassment/hostile workplace claim made by young female employee of a national fast food chain.

Result:
Defense verdict in favor of client/owner of national fast food chain.

Length of Trial:
1 week

Significant Points:
Alleged improper sexual actions against client’s young store assistant manager who had social relationship with some of employees.

Case Identification:
Roth vs. McDonald’s

Venue:
Stark County

Date:
July 2005

Nature of Case:
Medical malpractice wrongful death case for failure of a number of physicians to diagnose appendicitis and ruptured appendix.

Result:
Verdict in favor of client/patient in amount of approximately $1 million, including both compensatory damages and pre-judgment interest.

Length of Trial:
3-1/2 weeks

Significant Points:
Case was appealed by one of defendants to Ohio Supreme Court which established precedent regarding inexcusable procedural errors by the defendant.

Case Identification:
Davis vs. Alliance Immediate Care

Venue:
Stark County Court of Common Pleas

Date:
June 1994

Nature of Case:
Claim that rehabilitation hospital failed to properly treat and prevent fecal impaction and failed to timely notify doctor of patient’s declining condition.

Result:
Verdict in favor of client in the amount of $3,000,000.00.

Length of Trial:
2 weeks

Case Identification:
Williams v. Hillside Rehabilitation Hospital

Venue:
Trumbull County Common Pleas Court

Date:
April, 2017

Nature of Case:
Medical malpractice/cosmetic laser surgery gone bad because of dermatologist’s lack of familiarity with new laser operative equipment.

Result:
$1.3 million plus verdict and pre-judgment interest in favor of client/patient.

Length of Trial:
2 weeks

Significant Points:
In addition to denying liability, defense raised issues of patient overuse of cosmetic procedures.

Case Identification:
Speers vs. Wikas

Venue:
Stark County Common Pleas Court

Date:
2000

Nature of Case:
Accounting malpractice against Summit County CPA firm for favoring one of two physicians in a physician/surgical practice.

Result:
Verdict in favor of client/physician and against accounting firm for $70,000.

Length of Trial:
1 week

Significant Points:
Jury found accounting firm had equal responsibilities to both majority/minority physician owners.

Case Identification:
Candage vs. Weiner

Venue:
Stark County Common Pleas Court

Date:
1997

Nature of Case:
The Ohio High School Athletic Association and/or rival schools had argued that a talented football player had been improperly influenced by prominent boosters to transfer to a prominent Stark County high school with a national football tradition.

Result:
Judgment overturning orders of the Ohio State High School Athletic Association preventing local football player from playing and public school from permitting player to participate in football season.

Length of Trial:
Several weeks, including both administrative hearings and trial.

Significant Points:
The case attracted intense regional media attention because of the national reputation of the school. One of the few reported cases in Ohio high school history wherein the eligibility orders of the Association were overturned.

Case Identification:
Scott vs. Ohio High School Athletic Association

Venue:
Stark County Common Pleas Court

Date:
March 2001

Nature of Case:
Suit by client National Professional Soccer League, formerly known as A.I.S.A., against owner of one of the teams in the National Professional Soccer League for refusal to field a team for the season after commitments had already been made to be a part of the League.

Result:
Verdict in favor of client for $200,000 compensatory and $500,000 punitive.

Length of Trial:
2 weeks

Significant Points:
The punitive damages were awarded against the owner of the team that failed to participate in the season.

Case Identification:
NPSL vs. O’Hara

Venue:
Cleveland Federal District Court/Northern District Ohio

Date:
Summer 1993

Nature of Case:
Sports anti-trust judgment in favor of client/National Professional Soccer League against class action filed by players who had filed anti-trust labor action against the League and sought injunction against certain employment practices.

Result:
Ruling in favor of League denying injunction and resulting in dismissal of players’ anti-trust action.

Significant Points:
Had players been successful in receiving initial injunction, it was likely that majority of players in soccer league would join in lawsuit, resulting in significant damage to the league.

Case Identification:
Players vs. NPSL

Venue:
Kansas City Federal District Court

Nature of case:
Client, 80 years old, residing in an assisted living facility, was erroneously given an anti-diabetic drug that was not prescribed for her, resulting in brain damage and death.

Result:
Verdict in favor of client/patient in the amount of $1,930,000 plus $554,174.17 for attorney fees and costs.

Length of Trial:
2 weeks

Significant Points:
Largest assisted living or nursing home verdict in the history of Northeast Ohio at that time. The defendant was represented by three separate law firms from three different states, all of whom had lawyers in the courtroom at the same time. The Federal Court Judge handling the case ruled: “Lee Plakas is an impressive trial lawyer. He is prepared for his courtroom presentations.” Page 19 of December 30, 2011 decision by Federal Judge. “Plaintiff’s success in this difficult case was accomplished as a consequence of the demonstrable skills of attorneys Plakas and Frantz.” Page 22 of December 30, 2011 decision by Federal Judge.

Case Identification:
Freudman vs. Emeritus/Landing of Canton

Venue:
Akron Federal District Court/Northern District Ohio

Date:
August 2011

Nature of Case:
Client nursing home resident slipped while walking without assistance, struck her head, and died within a week.

Result:
Verdict in favor of client/patient in amount of $1,001,540, plus an additional $147,000 for pre-judgment interest for failure of defendant to negotiate in good faith.

Length of Trial:
1-1/2 weeks

Significant Points:
Jury determined that fall was caused by lack of staffing and/or lack of preventative safety equipment and/or procedures.

Case Identification:
Volpe vs. Heather Knoll

Venue:
Summit County Common Pleas Court

Date:
January 2011

Nature of Case:
Taxi cab driver was murdered while responding to a fare that did not show up for two previous pick-ups. Taxi cab driver was not warned that the fare had not shown up for two previous pick-ups, and person who had called murdered driver on third and final request for service.

Result:
Verdict in favor of client/decedent taxi cab driver in the amount of $2,500,000; reduced to $627,500 for fault attributable to murderer

Length of Trial:
1-1/2 weeks

Significant Points:
Verdict recognized that in maintaining a safe workplace employers must anticipate and warn their employees of dangerous criminal elements that might be lurking

Case Identification:
Client vs. City Yellow Cab

Venue:
Summit County Common Pleas Court

Date:
Summer 2009

Nature of Case:
Claim by neighbors against cement plant for improper blasting during mining operations that affected neighbors’ water and ability to enjoy their home.

Result:
Verdict in favor of client/neighbors for over $200,000.

Length of Trial:
2-1/2 weeks

Significant Points:
Cement company was rogue company that until this case had been successful in avoiding any liability on virtually every business or operational activity. Case was referred to in national periodicals which did expose on company and family who owned company.

Case Identification:
Client vs. SME Cement

Venue:
Stark County Common Pleas Court

Date:
1991

Nature of Case:
Claim by client homebuyers against real estate company for failure to evaluate competence of a home inspector prior to recommending to their clients.

Result:
Judgment in favor of clients in amount of $50,000 compensatory; $20,000 punitive; and approximately $126,715 attorney fees

Length of Trial:
1-1/2 weeks

Significant Points:
One of few cases in Ohio holding a business responsible for improper recommendations of third parties to its clients

Case Identification:
Client vs. Cutler Realty

Venue:
Stark County Common Pleas Court

Date:
December 2007

Nature of Case:
Claim for defamation by client/high school wrestling coach against school district which improperly accused him and suspended him on allegations of Booster Club financial impropriety.

Result:
Lawsuit against school superintendent and school board attorney who pursued the action and resulted in a settlement in favor of client wrestling coach in amount of $450,000

Length of Trial:
Case settled after client was successful in 2 court of appeals decisions

Significant Points:
Although there was minimal loss of income, the case result recognized importance of protecting the reputation of someone who has worked hard to establish himself

Case Identification:
Client vs. Richards, et al.

Venue:
Stark County Common Pleas Court

Date:
February 2010