LEE E. PLAKAS, ESQ.
Representative Cases
Business and Commercial Litigation
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
Employment Discrimination and Harassment - Employee as Client
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
Employment Discrimination and Harassment – Employer as Client
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
Professional Malpractice
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: 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: 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
Sports Law Litigation
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
Nursing Home Negligence
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: 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. 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
Workplace Safety
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
Environmental and Mineral Extraction
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
Consumer
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
Defamation
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
