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Samuel G. Casolari Jr.

Shareholder
Managing Attorney, Cleveland, OH Office
127 Public Square
Suite 3510
Cleveland, OH 44114
(216) 912-3801
(216) 344-9006 - Fax
sgcasolari@mdwcg.com

Sam practices in a wide range of areas including premises liability, product liability, employer-related intentional tort, general casualty, professional liability, auto insurance defense and asbestos litigation. Sam has handled numerous cases defending clients and insurance carriers throughout the state of Ohio in the Courts of Common Pleas and Federal District Courts. His experience includes all phases of litigation through trial and the appellate courts.

Sam is a member of the International Amusement and Leisure Defense Association, Inc. (IALDA). He is actively involved in Marshall Dennehey's Amusement, Sports and Entertainment Practice Group and handles matters involving water parks, amusement parks and rides, roller skating and other amusement and recreational issues in Ohio.

Significant Representative Matters

  • Successfully sought summary judgment in high-profile cases involving significant and permanent injuries where the demands were in excess of $1 million throughout the Courts of Common Pleas of Ohio.

  • Hunter v. Shenango Furnace Company. Successfully argued that the Statute of Limitations for an employment-related intentional tort is a two-year Statute of Limitation.

  • Criss v. Springfield Township. Successfully argued as part of the litigation team that a lie detector test, originally excluded, was evidence to show probable cause in a malicious prosecution and false arrest action. The Supreme Court agreed and reversed the jury verdict and remanded the case back to the trial court, reversing a multimillion dollar jury verdict.

Published Works

  • "Open, Obvious, & Ohio," Defense Digest, Vol. 16, No. 2, June, 2010

  • "Two Bites At The Apple," Defense Digest, Vol. 16, No. 2, June, 2010

  • "Ohio Supreme Court Limits Damages," Defense Digest, Vol. 14, No. 3, September, 2008

  • "Doing Business in Ohio - Some Good News For Pennsylvania Employer," Defense Digest, Vol. 12, No. 3, September, 2006

  • "Ohio's Continued Tort Reform Adventure: Caps, Seatbelts, Collateral Source, and More," Defense Digest, Vol. 11, No. 3, September, 2005

  • "Insurer's Beware! Watch Out For Those Assignments When Settling Claims!," Defense Digest, Vol. 11, No. 3, September, 2005

  • "When An Expert Cannot Be An Expert," Defense Digest, Vol. 10, No. 4, December, 2004

  • "Intentional Torts and Coverage For Workplace Torts In Ohio," Defense Digest, Vol. 9, No. 4, December, 2003

  • "The Trend In Construing The Ohio Employer Intentional Tort Exception - A Consistent, Workable Standard Or Confusing, Expansive Quandary?," Defense Digest, Vol. 9, No. 4, December, 2003

  • "What Goes Around Comes Around: An Ohio Court Allows Evidence Against Plaintiff's Doctor, Defense Digest, Vol. 7, No. 4, August, 2001

  • "All In The Family - Ohio Recognizes The Right Of Adult Emancipated Children To Recover For Loss Of Parental Consortium," Defense Digest, Vol. 7, No. 3, June, 2001

  • When A Picture May Not Be Worth A Thousand Words - Photographic Evidence In Low-Impact Collisions In Ohio,” Defense Digest, Vol. 7, No. 2, April, 2001

  • "Ohio Enters Uncharted Waters," Defense Digest, Vol. 6, No. 6, December, 2000

  • "Civil Rule 35 Examinations, Law Office Practice Series," Ohio - Chapter Contribution (Co-Author)

Representative Cases

  • Criss v. Springfield Tp., 538 N.E.2d 406 (Ohio 1989

  • Criss v. Springfield Township, 566 N.E.2d 1232 (Ohio 1991)

  • Forste v. Oakview Construction, Inc., 5516 (Ohio 2009

  • McGee v. Lowe's Home CTRS., 4981 (Ohio 2007)

  • O'Brien v. Bob Evans Farms, Inc., 6948 (Ohio 2004)

  • Davidson v. Forshaw Distribution, Inc., 2869 (Ohio 2004

  • Ruvolo Homovich, 5852 (Ohio 2002)

  • Budich v. Reece, 2008-Ohio-3630, 2008-Ohio App., LEXIS 3070 (July 23, 2008

  • Aldridge v. Reckart Equipment Co., 2006-Ohio-4964, 2006-Ohio App. LEXIS 4904, CCH Prod. Liab. Rep. P17579, discretionary appeal not allowed by Aldridge v. Reckart Equipment Co., 2007-Ohio-3699, 2007-Ohio LEXIS 1803 (Ohio, July 25, 2007)

  • Caldwell v. Petersburg Stone Co., 2005-Ohio-6793, 2005-Ohio App. LEXIS 6119 (December 16, 2005)

  • McGuinea v. Ganley Nissan, Inc., 2005-Ohio-6239, 2005-Ohio App. LEXIS 5629 (November 23, 2005

  • Timothy M. Johnson v. Tim Hundley, 2005-Ohio-6812, 2003-Ohio App. LEXIS 6161 (December 17, 2003

  • Conese v. Nichols, 131 Ohio App. 3d 308; 722 N.E. 2d 541, 1998 Ohio-App. LEXIS 965, 26 Media L. Rep. 1907 (March 13, 1998)

Classes/Seminars Taught

  • Paralegal Studies, Adjunct Instructor, College of Mt. St. Joseph, Cincinnati, Ohio, 1995 - 1999

Education

  • University of Akron School of Law, Akron, Ohio, 1986 J.D. 

  • Grove City College, 1983 B.A.

    Honors: cum laude
    Honors: Economics, High Honors
    Honors: History, Highest Honors

Defense Digest Article March 1, 2013
By Samuel G. Casolari Jr., Esq.*   Key Points: The Ohio Supreme Court reinforces primary assumption of risk doctrine. The Ohio Supreme Court finds that a collision between skiers is an inherent risk of the act of skiing...., Defense Digest, Vol. 19, No. 1, March 2013
Defense Digest Article December 1, 2011
On August 1, 2011, Marshall Dennehey Warner Coleman & Goggin opened a new office in Cleveland, Ohio. Marshall Dennehey's new Ohio office is located on Cleveland's historic Public Square, readily accessible to Cleveland's cultural and..., Defense Digest, Vol. 17, No. 4, December 2011
Defense Digest Article June 1, 2011
Ohio – Discovery Practice , KEY POINTS: The presence of plaintiff's counsel at an independent medical examination interferes with and defeats the purpose of the examination. With its denial, the court promotes the free..., Defense Digest, Vol. 17, No. 2, June 2012
Defense Digest Article March 1, 2011
Ohio - Workers' Compensation , Key Points: The Ohio Legislature enacts a statute limiting an employee's recovery in workplace intentional tort cases. After striking down the Legislature's first two attempts, the Ohio..., Defense Digest, Vol. 17, No. 1, March 2011
Defense Digest Article June 1, 2010
Ohio -- Premises Liability (Dog Bites) , Key Points: Plaintiff may pursue claims under both R.C. 955.28 and common law negligence for a dog bite cause of action. No language in R.C. 955.28 establishes the statute as the sole remedy..., Defense Digest, Vol. 16, No. 2, June 2010
Defense Digest Article June 1, 2010
Ohio - Premises Liability , Key Points: Early and thorough documentation of the open and obvious condition. Background investigation that there were no distractions to the plaintiff. Posture case for summary..., Defense Digest, Vol. 16, No. 2, June 2010

Education

  • University of Akron School of Law (J.D., 1986)
  • Grove City College (B.A., cum laude, 1983)

Bar Admissions

  • Ohio, 1986
  • U.S District Court Northern District of Ohio, 1986
  • U.S. Court of Appeals 6th Circuit, 1987
  • U.S District Court Southern District of Ohio, 2004

Associations & Memberships

  • Grove City College Board of Trustees Chair, Governance Committee
  • Grove City College, 1990 - 2004 Alumni Council
  • Grove City College, 1997 - 1999 President, Alumni Association
  • Grove City College, 1998 – Present, Trustee
  • Grove City College Board of Trustees, 2006 – Present, Member, Executive Committee
  • Marva Collins Prep School, 1996 - Present Trustee
  • Ohio State Bar Association, Judicial Administration and Legal Reform Committee
  • NRRDA - National Retail & Restaurant Defense Association, Member
  • IALDA - International Amusement and Leisure Defense Association, Member

Honors & Awards

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