QUARTERLY LAWYERS Columbus Bar

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QUARTERLY LAWYERS Columbus Bar
LAWYERS                                                   Columbus Bar
                                                                  WINTER 2022

QUARTERLY

            SPECIAL ISSUE:
            Real Estate
            LAW
This issue explores the booming industry of real estate law. Peek inside for articles
  on the affordable housing crisis in Columbus and information on the upcoming
2023 property values reappraisal. Plus, find articles on the Ohio Justice Bus, a recap
                   of 2021 Ohio Supreme Court cases and more.

                     A publication of the Columbus Bar Association • www.cbalaw.org
QUARTERLY LAWYERS Columbus Bar
Table of                                                                    LAWYERS
                                                                                                                                                                                        QUARTERLY
                                                                                                            Contents
                                                                                                            Winter 2022

                                                                We trim away
                                                                the speculation.
                                                                                                             P r e s i d e n t ’s P a g e     Winter ‘22: Real Estate Law               Columbus Bar Association
                                                                                                                                                                                        Editorial Board
                                                                                                            4    Friendly Competition
                                                                                                                                              34   What in the World is “Unclaimed
                                                                                                                 Charles A. Schneider              Property”?                           Chair
                                                                                                                                                   Jameel S. Turner and James G. Ryan   Melanie Tobias
                                                                                                             Bar Insider
We drill past the conjecture.                                                                                                                 38   Seeking Equity in Mass Appraisal
                                                                                                                                                                                        Board Members
                                                                                                            8
                                                                                                                                                   Michael Stinziano
                                                                                                                 Mobile Justice                                                         Gwen Bocher
                                                                                                                                                                                        Damon Durbin
                                                                                                                                              42
                                                                                                                 Sophia Chang                      Steps Forward: Working Toward        Ashley Johns
                                                                                                                                                   Affordable, Equitable Housing in
                                                                                                            12 Interview
                                                                                                               CBA Staff
                                                                                                                         with Judge Barrows
                                                                                                                                                   Columbus
                                                                                                                                                                                        Tami Kamin Meyer
                                                                                                                                                                                        Janyce Katz
                                                                                                                                                   Shayla D. Favor                      Garth Rowbotham
                                                                                                                                                                                        Doug Vonderhaar
                                                                We pick apart the maybes.                    Better Lawyer
                                                                                                                                              Student Section
                                                                                                            20 Women-Owned    Business
                                                                                                                                                                                        Editor
                                                                                                               Certifications
                                                                                                                 Micaela Taylor
                                                                                                                                              46   Five Skills Lawyers Need to Learn
                                                                                                                                                   through Leadership Training          Brianna Antinoro
                                                                                                                                                   Claire Halffield
  We cut away the what-ifs.                                                                                                                                                             Design/Production
                                                                                                             Points of Practice                                                         Sarah Curran
                                                                                                                                              Life Outside the Law
                                                                                                            24   Supreme Court of Ohio:
                                                                                                                 2021 Year in Review
                                                                                                                 Saša Trivunić
                                                                                                                                              50   Lawyers with Artistic License:
                                                                                                                                                   Alec Wightman
                                                                                                                                                   Heather G. Sowald                    Columbus Bar Association
                                                                                                                                                                                        175 S. Third St., Suite 1100
                                                                                                                                                                                        Columbus, OH 43215
                                                                Using every tool at our                      Bar Happenings                   52   6 Ways to Prevent Depression
                                                                                                                                                                                        (614) 221-4112
                                                                disposal to reveal the facts.                                                      Scott R. Mote                        www.cbalaw.org

                                                                                                            32   Photo Gallery and
                                                                                                                 Calendar of Events

              Precisely revealing the facts. Then explaining them in the simplest of terms.
                                                                                                                                                                                        Advertising
              Doing both at the highest level is what sets us apart. From our superior forensics                                                                                        Burgie MediaFusion
                                                                                                                                                                                        (614) 554-6294
              talent, technology and experience to the visualization expertise of our Imaging                                                                                           leslie@burgiemediafusion.com
              Sciences team, we dig past the speculation to find and convey the truth about
              what happened like no one else.
                                                                                                                                                                                        NOTICE: Statements or opinions expressed herein are those
                                                                                                                                                                                        of the authors and do not necessarily reflect those of the
                                                                                                                                                                                        Columbus Bar Association, its officers, board, or staff. Any
Know.                                                                                                                                                                                   statements pertaining to the law contained in this magazine are
                                                                                             SUBMIT AN                                                                                  intended solely to provide broad, general information, not legal
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                                                                                                   © 2022
QUARTERLY LAWYERS Columbus Bar
I started talking long walks in the morning,
  P r e s i d e n t ’s P a g e                                                                                            attempting to keep the same schedule that

Friendly
                                                                                                                          I followed when my health club was open. It
                                                                                                                          helped, but was not fully satisfying.

                                                                                                                        How could I maintain this routine and connect

COMPETITION
                                                                                                                       with others, like I did when the club was open? I
                                                                                                                      began to think that the Attorney General employees
                                                                                                                    that I supervise as Section Chief for Criminal Justice
                                                                                                                    might also be struggling with the same challenges
                                                                                                                    of isolation stemming from social distancing and
           BY CHARLES A. SCHNEIDER
                                                                                                                    closures.

We’re slowly coming up on two years of                  the beginning; we had no idea that it would last this       I came up with what has been dubbed the “Friendly
                                                        long. One leader speculated, or rather stated very          Competition” as a way to unite and encourage the far-
dealing with the COVID-19 pandemic,
                                                        confidently, that we would all be back in church by         flung section staff. Each participant would track the
and as we get closer to the “anniversary”,              Easter Sunday. Well, that did not happen!                   minutes they spend on exercise each week, whether
I thought I would add my own story of                                                                               that involves walking, running, swimming, biking,
                                                        How did we cope? Well, we all did it differently.           rowing, yoga, weightlifting or some other form of
how I coped.
                                                                                                                    exercise. I selected minutes over distance so that
                                                        It was my habit, for years, to go to my health club every   everyone’s effort would count equally. Each Monday,
Sometime around March of 2020, our world and work       weekday morning at 5:30 a.m. to start my one-hour           they would report their minutes to me, and I would
community changed like no one had ever witnessed        routine. This was an important part of both my physical     then report back to everyone the total minutes for the
before. As a result of COVID-19, businesses were        health and my mental wellbeing. When the health club        team during the prior week and the team average.
closed, and most of us were placed in a work-from-      had to close, my world was turned upside down—and not
home environment. It was a temporary change in          for the better.                                             All members of the Criminal Justice Section were           The first week of the Friendly Competition was March
                                                                                                                    invited to participate. The Section staff consists of      20, 2020. We are still at it, with over 30 participants.
                                                                                                                    37 attorneys and staff; 35 volunteered to participate. I   Six people have left this section to join other Attorney
                                                                                                                    divided the participants into two teams to encourage       General sections, but asked if they could remain part
                                                                                                                    maximum participation and effort through a self-           of the Friendly Competition. Of course, we said yes—
                                                                                                                    imposed “rivalry.”                                         we are glad to have them.

                                                                                                                             I came up with what has been dubbed
                                                                                                                             the “Friendly Competition” as a
                                                                                                                      way to unite and encourage the far-flung
                                                                                                                      section staff. Each participant would track
                                                                                                                      the minutes they spend on exercise each
                                                                                                                      week, whether that involves walking,
                                                                                                                      running, swimming, biking, rowing, yoga,
                                                                                                                      weightlifting or some other form of exercise.

4 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2                                                                                5 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
QUARTERLY LAWYERS Columbus Bar
I have received a lot of positive feedback. Several have
commented that it motivated them to get up and get
moving. One commented that it has helped to keep her                                                                                      COLUMBUS BAR ASSOCIATION
dog calm; not sure I had that in mind, but I am pleased.                                                                                  LAWYER REFERRAL SERVICE (LRS)
                                                                                                                                          E S TA B L I S H E D 1 9 4 7
As of this last week, the section has accumulated
a total of 493,316 minutes, or an average of about
15,416 minutes per person. That is an average of 42
minutes per person per day, assuming a person is

                                                                                                                               BUILD your
working out every day. I have had several participants
who have reported over 1,000 minutes in a week. That                                                                                                        Each year, the CBA’s Lawyer
is a lot of exercise.                                                                                                                                       Referral Service receives

                                                                                                                                CLIENT
                                                                                                                                                            thousands of inquiries from
My health club has reopened, and I am glad to say                                                                                                           callers seeking legal services.
that I still go there every day at 5:30 a.m. to start my                                                                                                    Attorneys who agree to abide by

                                                                                                                                 BASE
workout. I am still part of the competition. I think it                                                                                                     our high standards can receive
is doing what I had hoped it would. Physical health.                                                                                                        quality referrals to expand their
Mental health. And connectivity in a work from home                                Charles Schneider, Esq.                                                  client base.
era.                                                                                 Ohio Attorney General
                                                                   charles.schneider@ohioattorneygeneral.gov                                                For more information, contact
                                                                                                                               with LRS                     Ashley at ashley@cbalaw.org or
                                                                                                                                                            (614) 221-4112.

    Welcome
                                                                    Anthony Gurvis     Maxwell King         Emily Ojeil
                                                                    Karen Hamilton     Geoffrey Kisor       Nicholas Ortiz
                                                                    Aaron Harting      Joseph Landusky      Emily Owens

    MEMBERS
                                                                    Frank Hatfield     Caitlin Langfitt     Aubrey Patterson
                                                                    Wendi Henderhan    Phillip Lauer        Courtney Pyatt
    NEW

                                                                    Thomas Henderson   Kayley Lew           Theresa Rakocy
                                                                    Cassandra Hicks    Evan Lewis           John Reep
                                                                    Madison Hill       Elizabeth Lindgren   Gina Rowland
    Benjamin Adkins       John Chaney         Elizabeth Fiske       Amy Himmelrick     Austin Lines         Jordan Rowland
    Michael Alsharaiha    Lisa Christensen    Megan Foley           Andrea Howell      Jeffery Linn         Kandis Sargeant
    Stephen Ames          Peter Contreras     Scott Foster          Michael Hushion    Karin Long           Chadwick Sayre
    Patrick Barnacle      David Coyne         Claire Fried          Andrew Janitzki    William Loveland     Jacob Schlosser
    Adam Barney           Samuel Crepeau      Ellery Gerwig         Gary Jones         Justin Mackin        Gregory Shak
    Maureen Beaver        Carl Crow           Robert Giffin, CPA    Taylor Jones       Sarah Marshall       Roger Sugarman
    Christopher Beck      Jake Denham         John Gleason          Michael Jordan     Andrew Martin        Tess Tannehill
    Jason Block           Jeffrey DeVore      Elizabeth Gleason     Owen Kalis         Alexander Mate       Rebecca Turnbull
    Lauren Brandt-Quire   Michael DeWitt      Jaime Glinka          Jamie Kamen        Michael McDonald     Mark Wachter
    Patrick Brogan        Meagan Dimond       Joanne Goldhand       Grace Karabinus    Regina Mendicino     Susan Wasserman
    Michael Bull          Nicole DiVittorio   Russell Golowin       Zeynep Kart        Kent Mitchell        Brady Wilson
    April Campbell        Patrick Dugan       Sean Gouhin           Greta Kearns       Jessica Moore        Darrin Zombro
    Elizabeth Canter      Mark Elliott        Robert Grogan         Sarah Kent         Shelby Nathans       Jacob Zuberi
    Robert Cesner         J. Michael Evans    David Guerrieri       Jessica King       Holly Oak

6 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
QUARTERLY LAWYERS Columbus Bar
on a limited basis and with clear COVID protocols. In
  Bar Insider
                                                                                                                               central Ohio, the Bus began partnerships with the

Mobile
                                                                                                                                Our Lady of Guadalupe Center in west Columbus
                                                                                                                                and Asian American Community Services in
                                                                                                                                central Columbus. Both organizations serve
                                                                                                                                special populations whose needs are not always

JUSTICE
                                                                                                                                met by other legal services providers in the area.
                                                                                                                                For these clinics, we focus on immigration as
                                                                                                                               well as family law issues.

                                                                                                                              From the fall of 2020 through the spring of 2021, the
            BY SOPHIA CHANG
                                                                                                                           Bus also partnered with The Legal Aid Society of               Every plan is
                                                                                                                           Columbus
                                                                                                                           its Senior Wills
                                                                                                                                           with
                                                                                                                                                                                          one of a kind.
A New Frontier for Pro Bono                                                                                                clinics.      Being                                            You can rely on our
                                                                                                                           mobile provided                                                estate planning experts.
Since the beginning of 2020, society                         probate). The Bus primarily serves as a technology hub
                                                                                                                           the benefit of
                                                             and office space, so that volunteer attorneys can meet
has had to adjust to a new set of rules.                                                                                   meeting seniors                                                Call us today!
                                                             with clients in-person or virtually, using the laptops, Wi-
This holds true for the professional                         Fi and multi-function printer that goes out with the Bus
                                                                                                                           at their homes to
                                                                                                                           execute their wills                                            614-228-0063
world, including the legal field. Now,                       on every trip.
                                                                                                                           and other end-of-
                                                                                                                                                                                          parknationalbank.com
                                                                                                                                                                                                                   Investments are not FDIC insured, not
                                                                                                                                                                                                                    bank guaranteed, and may lose value.

imagine trying to launch a brand new                                                                                       life    documents.
mobile legal services program at the                         One of the primary purposes behind the creation of the        The partnership                                            explaining the completed documents, answering any
                                                             Bus was to help serve areas and populations of the            with Legal Aid was
same time as what we knew to be                              state that are not currently getting their legal needs        essential for this project,
                                                                                                                                                                                      lingering questions and notarizing the final documents.

“normal” was being turned upside-                            met. The Bus started operations in the fall of 2019 by        because Legal Aid is well-known to
                                                                                                                                                                                      Volunteer with the
down. This is the story of the Ohio                          partnering with the Ohio State Bar Association and            the community, has a client base, and has volunteer
                                                             attending their annual district meetings to introduce the     attorneys ready and willing to draft documents. The        Ohio Justice Bus
Justice Bus.                                                 Bus to attorneys, encourage the attorneys to volunteer        Bus provided the crucial final step, especially in the     To date, the Bus has served nearly 100 clients in the
                                                             and provide legal services to the district’s community.       new COVID world, of serving the clients at their homes,    central Ohio area alone. Across the state, the Bus has
Looking back at that time, and the temporary delays to
                                                             Before the pandemic, the Bus also had commitments
all the grand plans we had for the Bus, it is amazing that
                                                             from several law firms in Columbus to volunteer
the Bus continues to grow and flourish. We knew that
                                                             for clinics throughout the year. But once COVID-19
we needed the right combination of financial support,
partnerships and engaged volunteer attorneys to
                                                             concerns grew, the traction of the Bus began to slip,                  In central Ohio, the Bus began partnerships
                                                             and the Bus had to make an important decision on its
succeed, and luckily for us, we did.
                                                             next move.                                                             with the Our Lady of Guadalupe Center in west
                                                                                                                           Columbus and Asian American Community Services
What is the Ohio Justice Bus?
                                                             The Ohio Justice Bus and COVID                                in central Columbus. Both organizations serve special
The Bus is a mobile legal clinic that drives around Ohio
and provides free civil legal services to underserved
                                                             To comply with federal and state mandates, the Bus had        populations whose needs are not always met by other
                                                             to cease operations at the beginning of 2020. It wasn’t
communities (e.g., family law, housing, public benefits,
                                                             until the summer of 2020 that the Bus resumed clinics         legal services providers in the area.
consumer debt, record sealing, immigration, wills and

8 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2                                                                                       9 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
QUARTERLY LAWYERS Columbus Bar
!
                                                                                                                                    OT
served over 700 people. But we are not done. We are         Let’s all start the year with a resolution to do more good

                                                                                                                               SH
just getting started with the mission.                      in our community and volunteer to do pro bono work.

                                                                                                                              AD
                                                                                                                                                                                                               www.cbalaw.org

                                                                                                                              HE
                                                            To volunteer, visit https://www.ohiojusticefoundation.
As we begin 2022, the Bus will continue to chug

                                                                                                                         EE
                                                            org/bus-volunteer/ and complete the simple form. We

                                                                                                                         FR
along. But we need your help. For those of you who
                                                            will reach out to you with volunteer opportunities in
have volunteered with the Bus, thank you so much for
                                                            your areas of interest. Law firms can also reach out to
supporting us. For the rest of you, we would love for
you to partner with us to provide pro bono legal advice
                                                            commit to staffing any set number of clinics throughout                C OL UMBUS BA R ASSO C IATI O N
                                                            the year. For those who know of organizations serving
or services.
                                                            special populations and would like the Bus to partner
                                                            with them, please send an email to help@ohiojusticebus.
There are many benefits to providing pro bono
                                                                                                                                                                                      NEW!
                                                            org. We look forward to building new partnerships in
legal services with the Bus or other legal services         the central Ohio legal community.
organizations like Legal Aid. Other than the wonderful
satisfaction of helping your fellow Ohioans address
their legal problems, pro bono volunteers can get one
CLE credit hour for every six hours of pro bono work                             Sophia Chang, Esq.
                                                                                                                                   Kelley Marchal—the CBA’s Multimedia Specialist and highly
                                                                   Ohio Access to Justice Foundation
they complete. Mentoring and volunteer training also               schang@ohiojusticefoundation.org                                experienced photographer/videographer—is available to assist
help attorneys gain valuable experience in new areas
                                                                                                                                   you with professional headshots (including a FREE headshot for
of the law. For those of you who are concerned about
malpractice, we’ve got you covered on that front as well.                                                                          members) and any other audio, video and photography needs.

                                                                                                                                    PHOTOGRAPHY                      VIDEOGRAPHY                            AUDIO
                                                                                                                                   CBA Members:                   Video services:                   Audio services:
                                                                                                                                   Free 30-minute photo           Bring your message to             •   Voice overs
                                                                                                                                   session and professional       life! Kelley has years of         •   Spot tags
                                                                                                                                   digital headshot               experience producing              •   Podcast
                                                                                                                                                                  digital video, from small             production
                                                                                                                                   Non-Members:                   social media posts to             •   Transcription
                                                                                                                                   $200 for headshot
                                                                                                                                                                  full blown multi-camera
                                                                                                                                   Also available:                live production. Discount         Discounted rates for
                                                                                                                                   Event coverage and             for members.                      CBA members.
                                                                                                                                   meeting documentation

                                                                                                                                                                      CONTACT US
                                                                                                                                                                     Kelley Marchal
                                                                                                                                                                     kelley@cbalaw.org • (614) 340-2044

1 0 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
QUARTERLY LAWYERS Columbus Bar
We were lucky enough to sit down
  Bar Insider
                                                                                                                                                                                                 YOUR TRUSTED RESOURCE
                                                                                                                                                     with Judge Barrows himself
                                                                                                                                                      as he speaks about his past,

Interview with                                                                                                                                         his military service and his
                                                                                                                                                       accomplishments. Some of the               FOR ESTATE AND TRUST
                                                                                                                                                                                                  LITIGATION DISPUTES IN
Judge Barrows
                                                                                                                                                       interview has been transcribed
                                                                                                                                                       below. You can watch the full
                                                                                                                                                      video at cbalaw.org – and make
                                                                                                                                                     sure to congratulate Judge
                                                                                                                                                                                                       CENTRAL OHIO
                                                                                                                                                    Barrows the next time you see him,
           BY CBA STAFF                                                                                                                            whether that’s on Zoom or in person!

                                                                                                                                         CBA: Tell us a little bit
Judge Ted Barrows receives                                                                                                             about your childhood and
                                                                                                                                                                                                       Adam Fried
                                                                                                                                                                                                Practice Group Co-Chair
                                                                                                                                                                                                                               Franklin Malemud
                                                                                                                                                                                                                            Practice Group Co-Chair
                                                                                                                                                                                                                                                                Adriann McGee
                                                                                                                                                                                                                                                                    Partner

honor from Ohio Veterans Hall of Fame
                                                                                                                                                                                                  afried@reminger.com       fmalemud@reminger.com             amcgee@reminger.com

                                                                                                                                     where you grew up.                                                216.430.2193               216.430.2225                    614.232.2442

                                                                                                                                                                                                Reminger’s Estates, Trusts, and Probate Litigation team
Recently, our very own Judge Ted                        Judge Barrows joined the army right out of high                          Judge Barrows: My childhood was an interesting one,           has expanded to Central Ohio. Our fully staffed team has
                                                        school, served in the 82nd Airborne Division and was                     because by the time I was 13 years old, we’d lived in          more than 100 combined years of experience guiding
Barrows was inducted into the Ohio                      honorably discharged at the rank of Staff Sergeant.                                                                                           clients in Ohio’s trial and appellate courts.
                                                                                                                                 11 different places. My father got transferred, got
Veterans Hall of Fame. He was one of                    Through his work as a judge on the Military & Veteran                    promoted, changed jobs, got fired once, and so we
20 inductees for the 2021 class, and                    Services Court and his tenure as an administrative                       moved all up and down the East Coast. I was born
                                                                                                                                                                                                                 www.reminger.com/OhioEstateandTrustDispute
                                                        judge on the Franklin County Municipal Court, he has                     in Maine, my first sister was born in Virginia and my
joins 915 Ohio veterans who have been
                                                        worked hard to help at-risk former service members.                      younger sister was born in upstate New York. We lived      Division during the second World War, and I wanted to
inducted since 1992, including former                                                                                            as far south as Charlotte, North Carolina. Finally came    follow in his footsteps. So I requested jump school, and
U.S. Supreme Court Justice William                      He exemplifies the dedication to community and                           back to the Hartford, Connecticut, area - a suburb         told them that I was second generation.
                                                        service that shows how incredible our judicial bench                     of Hartford - which was where I graduated from high
Woods and former CBA president,
                                                        is. And, while we’re sad to see that Judge Barrows’                      school in 1965.
John Bricker.                                           term as judge has ended, we wanted to take this time
                                                                                                                                                                                            CBA: What was your father’s
                                                        to thank him for all of his tireless work.                               CBA: When did you first become                             military history like?
                                                                                                                                                                                            Judge Barrows: My father’s history in the military is not
                                                                                                                                 interested in pursuing a career
                                                                                                                                                                                            the same as mine. He enlisted at the beginning of the
                                                                                                                                 in the military?                                           second World War. He wanted to be a pilot, but his vision
                                                                                                                                 Judge Barrows: When I was in high school, I was            wasn’t good enough. He became an officer. He fought
                                                                                                                                 determined that I wanted to go to the United States        in Europe near the Battle of the Bulge at Nijmegen,
                                                                                                                                 Military Academy at West Point, become a career            Holland. And he was in that fighting. He was in North
                                                                                                                                 soldier. I didn’t get accepted to the military academy,    Africa. He landed in Salerno, Italy and fought there,
                                                                                                                                 [but] I knew that every year out of the ranks, the army    too. He was decorated. He was wounded, although
                                                                                                                                 sends a certain number of people to West Point. So I       he always told us it was an accidental shooting during
                                                                                                                                 thought, “Here’s my chance, it may be a long shot. What    training, and I never believed him. But to the end of his
                                                                                                                                 the heck?” So in 1965, age 17, with the permission of      life, I couldn’t press him too far for it. And then when the
                                                                                                                                 my parents, I enlisted in the United States Army. I went   war got over, he got out. He had no interest in a career
                                                                                                                                 through basic training and advanced infantry training.     in the military. He went to college at the University of
                                                                                                                                 My father was a paratrooper in the 82nd Airborne           Maine in chemical engineering, and that was his career.

1 2 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2    Photo: Barbara J. Perenic/The Columbus Dispatch                                       1 3 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
QUARTERLY LAWYERS Columbus Bar
mentioned to Kura that I’d like a job. He offered me the
CBA: When did you decide that
                                                              job, and I took it [in] 1978. I think the salary was $6,700         Photo: Fred Squillante/The Columbus Dispatch
you wanted to go to law school?                               a year. I was a public defender for three years.
Judge Barrows: By the time I’d been in the army for six
months, I decided it was not the career that I wanted,        CBA: And you were in private
after all. So I finished out my three years in the United
                                                              practice for a few years, right?
States Army and was able to use the GI Bill to pay part
of my tuition at Bates College in Lewiston, Maine, where      What happened after that?
I went and did undergraduate studies with a major in          Judge Barrows: I went in private practice for two years.
what they called government, which is political science,      I was a failure because I’m not a businessperson at all.
and a minor in English. And I got to my senior year and       And then one day, Mr. Kura called me up. He said, “I hear
said, “You know, the only thing I’m qualified for at this     you’re having trouble in the private practice…you want
point is to go teach. And I didn’t think that sounded like    to come back?” I had no reason for him to ever offer me
what I wanted to do. So a couple of friends of mine           the job back, but I came back. I enjoyed public defender
said, “Well, why don’t you go take the law boards?” And       work. That’s probably the best work I’ve ever done.
I said, “What’s that?” Well, you take an LSAT… They were
offering it at Colby College, which is in a different town.   After a while there, I got an offer to go to the state
                                                              attorney general’s office. I worked in the consumer
So the three of us drove over there, got a room for the       protection section for about nine years. I learned civil
night, went out drinking and we took the test the next        law while I was there, and then my friend Janet Jackson
day. One of my friends didn’t do very well in the test at     got appointed to be the city attorney, and she was
all, but I scored higher than I had any reason to expect.     going to hire some people. She wanted to hire a chief
So when I got my results, I talked to my advisor, and he      prosecutor, so I applied for the job. I was interviewed
                                                                                                                              The next time I had an opportunity, she said [to] go for it.             about doing it. Scott Vanderkarr, who’s cleverer than I
said, “This is – you’ll go to Yale, you’ll go to Harvard!     by Tony Celebrezze, of all people, and a couple of other
                                                                                                                              I ran against a woman, who is also a friend of mine, who                 am, just went to the county commissioners’ and said,
Look at these things!” And I said, “Well, wait a minute,      folks, and I didn’t get the nod. They hired Steve McIntosh,
                                                                                                                              had been appointed by the governor. She had worked                       “Give me some more money, and I’ll start a veterans’
slow down.”                                                   who’s now a Common Pleas Court judge. But about
                                                                                                                              on the governor’s staff and been appointed by the                        court.” And he did it. I was glad he got his start; I was a
                                                              three weeks later, I got a call from Janet Jackson. She
                                                                                                                              governor. She’d only been on the bench for five months                   little disappointed, but I sucked it up. And then a couple
I got married at the end of my college years, and my          said, “Do you still want to come and work for me?” And
                                                                                                                              by the time the election came around. So she and I ran.                  of years later, he said, “The Supreme Court is setting
wife and I talked about graduate school in law school,        I said, “Well, let me think about it for about a second.
                                                                                                                              I enjoyed campaigning. It was evident to me that she                     rules for these things, now. We’re going to have to
and I said, “Let’s go to graduate school for you first, and   Yes.” And so she hired me as the first assistant. So Mac
                                                                                                                              really didn’t enjoy it that much. And I was successful.                  follow the rules, and it’s going to be more complicated. I
then we’ll go to law school later.” So it was delayed for     and I worked together, side by side, for about seven
                                                                                                                              It was a long shot. People I talked to said, “You don’t                  can’t handle all three of these courts myself. I want you
several years, but I eventually came here to The Ohio         years, and it was one of the best experiences I ever had.
                                                                                                                              have a snowflake’s chance in hell of winning.” And I did.                to take this one over.” And I said okay. So I got involved
State University to go to law school.                         Fine man, one of the best I’ve ever met.
                                                                                                                              That’s where I’ve been for the last eight years, and [it’s               with the military and veterans’ service specialized
                                                                                                                              the] best job in the world.                                              docket. And it’s just been an amazing transformation.
CBA: After law school, what did                               CBA: What made you want to
your career look like?                                        become a judge?                                                 CBA: How did you come up                                                 CBA: How does the Veterans’
Judge Barrows: When I got here, I worked. I had a job for     Judge Barrows: At the end of [working with the city             with the idea of starting up a                                           Court work, and how does it
a couple of years with an agency that provides support        attorney’s office], I thought it might be time for me to take
                                                                                                                              Veterans’ Court in Columbus?                                             support people coming before it?
to small county public defenders. It was called the           a shot at running for judge. And the first time I went to
Public Defender Association. On our board of directors        ask Janet if I could do that, because that’s what you do in     Judge Barrows: I knew that there were other veterans’                    Judge Barrows: The way it’s set up is… it’s voluntary.
was James Kura, who was the Franklin County public            politics, she said, “Who do you want to run against?” And       courts that were springing up around the state and                       The defendant and/or [their] lawyer have to say, “We
defender at the time. My boss, Meg Teaford, knew that         I told her, and she said, “Nope, you can’t run against him.     around the country, and I was interested in it. And I                    think this is a good idea.” And it’s tough. I mean, some
I wanted to be a public defender or legal aid lawyer. She     He’s a friend of mine.” I backed on down.                       started thinking about and planning how I would go                       of these cases are ones where a person would just

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QUARTERLY LAWYERS Columbus Bar
go plead guilty in front of a judge and pay a fine and        We have a probation officer, who’s from our probation           get done with what’s a harrowing experience in combat
maybe be on probation for a couple of years. But our          department, who’s assigned to the MAVS court. So all            that no one should ever have to go through, that human
program requires them to attend every week for at least       of our folks are on probation to her. So that’s a team of       beings aren’t constructed for, [the military] doesn’t give
the first three or four months and then, depending on         three, then me, and it’s like, we just kind of wrap around      them months of training about how to come back to
their progress, they can come every other week, and           these guys.                                                     civilian life, they give them a paycheck and a pat on the
then depending on their progress, they can come every                                                                         back and say, go on.
third week, and eventually once a month. It’s intensive       CBA: What happens if someone
probation, which means we get into their case every                                                                           Now these highly trained, mostly young men who are
                                                              is unable to meet the intensive
time. We know what they’re doing; we want to know                                                                             taught that they can do anything, and [have] survived
what their aspirations are.                                   probation requirements?                                         almost anything, come back and they’re not fitting in
                                                              Judge Barrows: Not everybody is successful. Some                very well. They don’t recognize that they need help,            But, when I heard the stories of the other nine inductees
We have all kinds of services [available]. The VA is with     people try it out for a while and say, “I just don’t want to    because they can tough it out. Because they’re tough            that were there, stories of heroism in battle, a doctor
us at the table. If this veteran has not linked up with the   do this anymore.” And that’s okay, because it is voluntary.     as nails. The suicide rate is terrible. So what gives me        who’s 96 years old and still practicing and served in the
VA, we get them linked up right away, because there’s a       I tell people that if it’s too tough, if you can’t handle it,   the real heart for it is, we can get folks and, first of all,   second World War, I mean, I’m thinking to myself, I’m
lot of things that are benefits that they can use. We also    I’ll let you out of here. You’ll still be on probation for a    bring them in. Tell them that we love them - we don’t           a lawyer who got lucky enough to be a judge, and then
have other social service agencies for drug counseling        couple of years, but you don’t have to be here. Nobody          use those words, because it wouldn’t work out too well          lucky enough to take on this veterans’ court. But other
and other kinds of things. We don’t require somebody          has to be here. And I think that makes some of them             – but [we] tell them that we love them, and then get            than that, there’s a million GIs who served during the
to have an honorable discharge, so we have a number           feel more comfortable about being there, because it’s           them to realize that they can have help, and it doesn’t         Vietnam War. Some of them didn’t come home; some of
of people who are not eligible for VA services. One of        their choice. So that’s kind of the nuts and bolts of it.       make them a lesser human being, and they can deal               them came home and shot up. I came home and went
the things we do for them is look into whether we can                                                                         with some of the issues that may have brought them              to college and went to law school and lived a good life.
get their discharge upgraded.                                                                                                 to court because they’re self-medicating. They wake up
                                                              CBA: What’s the most rewarding                                                                                                  It was hard for me to put myself in the same pantheon
                                                                                                                              in the night in cold sweats; a car backfires and causes         with these other folks that were being inducted, when
                                                              part about working in the MAVS
CBA: Who works to staff the                                                                                                   them to dive under the bed. They do horrible things to          I heard their stories. I was appreciative of the honor. I
                                                              court?                                                          people they love, and they don’t have a good explanation        mean, I don’t denigrate the honor. I’m just not sure that
Veterans’ Court, other than
                                                              Judge Barrows: The most rewarding part about working            for it. We all kind of know what the explanation is; it’s       I set a standard for that.
yourself?                                                                                                                     post-traumatic stress, and there are modalities to treat
                                                              with veterans is that by and large, most of them have
                                                                                                                              that, if people will come to that place. They can come
Judge Barrows: In addition to myself, I have two              suffered trauma while in the military.                                                                                          CBA: What was the ceremony
coordinators that are employed by the court. They                                                                             out better people, and their lives can be better. And
                                                                                                                              that’s what’s done it for me, is the possibility of helping
                                                                                                                                                                                              like?
maintain weekly contact with these folks in between the       Here’s my stock speech that I tell people when I talk
court sessions. They make sure that they understand           about this: The United States military takes months to          people have a better life who’ve given so much. Who             Judge Barrows: It took place at the Veteran’s Memorial
what their schedule is, where they have to go, and what       train people up to be the best equipped, most serious           just like me, held up their hand and swear to defend the        over on Broad Street. It’s a beautiful building. Anyone
they have to do. And sometimes they’re a sounding             fighting force in the world. Best equipment, best training,     Constitution of the United States.                              who hasn’t been there should go. It’s very emotional
board.                                                        best men and women, and sends them off. When they                                                                               for anybody, who especially has been in the service, to
                                                                                                                              CBA: Congratulations on your                                    go through it and see the displays. The ceremony itself
                                                                                                                                                                                              took place in a large hallway right off the entrance, and
                                                                                                                              recent induction into the Ohio
                                                                                                                                                                                              it was attended by the governor. The governor actually
                                                                                                                              Military Veterans Hall of Fame!                                 handed out the diplomas, and General Ashenhurst put
                                                                                                                              What was the experience like?                                   on the medals around people’s neck. There was press
                                                                                                                                                                                              and media coverage there. There were families. My
                                                                                                                              Judge Barrows: I think the nomination probably came
                                                                                                                                                                                              crew, the people who work with me at the court were
                                                                                                                              from my crew. I also happen to know a couple of people
                                                                                                                                                                                              there with me, as well as a number of others. My wife
                                                                                                                              that were on the board and have worked with them in
                                                                                                                                                                                              and my grandson came. And they called our names one
                                                                                                                              various capacities. So, I think I may have gotten a leg
                                                                                                                                                                                              by one; we went up and shook hands with the governor
                                                                                                                              up there.
                                                                                                                                                                                              and were given a medal and then took a seat.

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QUARTERLY LAWYERS Columbus Bar
I was the first one, so I sat there
and kind of, you know, watched and
listened to all of these other stories.
It was pretty impressive. It was very
emotional. And I think it’s a good thing
that they do that. They honor a number
of people every year. There were ten at
this one. There are another ten who
will be honored at different regional            Focusing on Business, Employment & Tort Matters
ceremonies as time goes on.                       AAA, FINRA, ABA & Ohio Supreme Court trained | 25+ years of experience

                                                      • Arbitration                                        • Mini Trial
CBA: Your term at the                                  • Mediation
                                                                           • Early Dispute Resolution
                                                                                                        • Special Master
                                                                                  • Mock Trial
court ended on Dec.                             • Early Neutral Evaluation                                • Magistrate

31. 2021. What are you                          Early Neutral Evaluation
                                                          Online  or In-Person                 www.OhioADR.org
planning to do with                                No charge for travel time in Ohio           440-306-3063

your free time now
that you’re officially
                                              there for the two weeks and take         But, the best advice I got so far,
retired?                                      care of business. So I’m looking         from somebody who is retired,
Judge Barrows: My wife has been               forward to the possibility of doing      is don’t take on too many things
retired for 10 years, and she’s had the       that as well. As I understand it,        right away. Take it easy. See how
house to herself five days a week for         the Supreme Court requires that          it works out. If another opportunity
most of those 10 years. So, I think           you be available for that 13 weeks       comes up, and you’ve got the time
there’s going to be an adjustment. I          a year. By my calculation, that’ll       and the heart for it, go for it. But
took a staycation in October, stayed          finance two more scuba diving            don’t say yes to six things all at
home for a whole week. It went very           trips every year.                        once; you may be sorry. And that’s
well. We did some things together.                                                     good advice. So I’m going to take it
We did some things separately. Her            So that’s part of my plan is to stay     easy. I’m going to segue into it.
computer’s in one room, and my                active and scuba dive a little bit
computer’s in another room. And I             more. Also, it’ll free me up during
think we got along okay, so on that           the daytime to do more volunteer
front, I’m sure there will be some            work in my local community. I
adjustments, but it’s going to be good.       will be able to go and volunteer
                                              at the food bank on Tuesdays or
There is a thing that you can do if you       Thursdays and spend a couple of
retire as a judge, and it’s called ‘sitting   hours doing that. I was on their
by assignment’, so that if a judge in         board of directors for a couple of
another community is taking two               years; it’s got my heart, and people
weeks of vacation, that court doesn’t         need food, and this is a way that all
close down. The Supreme Court will            of us can give back. And I’m sure
assign a retired judge to go and stay         that I’ll find other opportunities.

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                                                                                                                              Photo: Barbara J. Perenic/The Columbus Dispatch
Historically, women-owned businesses have
                                                                                                                                        struggled to obtain equal representation in
 Women-Owned                                                                                                                         many industries, to secure funding for their

 Business                                                                                                                            businesses, and to be selected for lucrative
                                                                                                                                    contract work.
 Certifications
           BY MICAELA TAYLOR                                                                                             Currently, according to the National Association       Having multiple certifications is significant to securing
                                                                                                                       of Women Business Owners, the United States has          contracts set aside for women business owners with
                                                                                                                      12.3 million women-owned businesses, making up 40         different agencies and companies because each

 Why Women Entrepreneurs Should                                                                                       percent of all U.S. businesses. Historically, women-
                                                                                                                      owned businesses have struggled to obtain equal
                                                                                                                                                                                organization has separate requirements as to the
                                                                                                                                                                                certifications that must be obtained.
 Consider Certification                                                                                               representation in many industries, to secure funding
                                                                                                                      for their businesses, and to be selected for lucrative
 Women-owned business certifications aim to provide women-owned                                                       contract work.

 businesses with opportunities by offering support in areas such as obtaining
                                                                                                                      Christine Anderson, founder and president of Anderson
 funding and securing government and/or private-sector contracts.
                                                                                                                      Decorating, Inc., is no stranger to the challenges that
                                                                                                                      accompany running a woman-owned business.
 As a local attorney practicing with Dinsmore & Shohl     In some cases, set-aside contracts for women-owned
 LLP’s construction law practice group, I believe it      businesses even extend into the private sector. In fact,
                                                                                                                      “You’re not taken seriously,” Anderson says of being
 is important for women-owned business to obtain          through set-aside contracts, women- and minority-
                                                                                                                      a woman business owner in the historically male-
 certifications at the state and local levels and to      owned businesses are shaping the local culture
                                                                                                                      dominated construction industry. “It took a while to be
 structure their businesses in a manner consistent with   around Columbus, Ohio more than most are likely even
                                                                                                                      recognized.”
 certification guidelines.                                aware. Having completed construction on the long-
                                                          anticipated Columbus Crew SC’s stadium in Summer
                                                          of 2021, women- and minority-owned businesses are           Anderson has been a business owner since 1995,
 Government-sponsored       women-owned       business
                                                          responsible for more than a quarter of the work that        when she founded Anderson Decorating, a commercial
 certifications, among other aims, allow business
                                                          was performed.i Dinsmore is able to assist women-           painting company in the central Ohio area. Like
 owners who belong to historically disadvantaged
                                                          owned businesses with organizing their businesses to        many women business owners, Anderson has taken
 classes to be considered for select government
                                                          comply with both private- and public-sector certification   advantage of women-owned business certifications to
 contracts to the exclusion of others. To help bridge
                                                          guidelines and with applying for and maintaining their      advance her business’ goals. Anderson Decorating is
 gaps in industries where women and minorities are                                                                                                                              To be eligible for these set-aside awards, women-owned
                                                          certifications to be eligible for set-aside contracts.      certified through Disadvantaged Business Enterprises
 historically underrepresented, government agencies                                                                                                                             businesses must apply for and be granted the required
                                                                                                                      (DBE), Economic Dividends for Gender Equality (EDGE),
 at the federal, state and local levels award a certain                                                                                                                         certification. Many of the certifications possess the
                                                                                                                      and Women Business Enterprise (WBE).
 percentage of their contracts to women- and minority-                                                                                                                          same general requirements. To secure a certification,
 owned businesses.

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women-owned businesses typically
must show they are at least 51

                                                                                                                   We ran out of red
percent owned, capitalized and
controlled by a woman, and that a

                                                                                                                   tape in 1982.
woman holds the highest executive
office, is responsible for managing
the day-to-day business and
has technical experience in the
business’ primary activity.
                                                                                                                      TURNS OUT WE DIDN’T
                                                                                                                      NEED IT ANYWAY.
And as Anderson points out, holding                                                                                Why are so many banks dedicated to running you
some certifications may be more                                                                                    through red tape? Making you jump through hoops.
                                                                                                                   Not us. We hate red tape. That’s why we work to
helpful to women-owned businesses                                                                                  deliver simple, sophisticated solutions. We remove
than others. While she attributes                                                                                  complications, so you can live with no boundaries.
the majority of her business to
her DBE and EDGE certifications,
                                                                                                                   Break free from the red tape.
Anderson acknowledges that little                                                                                  Let us go to work for you.
to none of Anderson Decorating’s
                                                                                                                     LCNB.COM/WEALTH
contract work results from her
WBE certification, despite the                                                                                     NOT A DEPOSIT | NOT FDIC INSURED | MAY LOSE VALUE | NOT GUARANTEED BY THE FINANCIAL INSTITUTION
                                                                                                                   @2021 LCNB National Bank
requirements for keeping up with
the certification. The utility of
different federal, state and local       “It doesn’t mean you’re going to get the work, but the                                                               Micaela M. Taylor, Esq.
certifications ultimately depends        more opportunities you have, eventually you will land                                                            Dinsmore & Shohl LLP
on the industry and goals of the         it,” she says. “At times, I may not be the lowest bid, but                                                 micaela.taylor@dinsmore.com
business.                                I may be close enough, so because I’m [certified], I’m
                                         provided with the opportunity.”
Getting the certification is just
the beginning. While Anderson            Certifications provide women-owned businesses
credits 90 percent of the work           with invaluable opportunities. Women entrepreneurs
Anderson Decorating performs             should research agencies and companies that offer
to opportunities presented by            attractive contract opportunities for their businesses
becoming a certified woman-              and consider undergoing the process to obtain required
owned business, she is clear             certifications for those entities. Legal representation
that business owners should not          can also help with this endeavor.
expect the work to fall in their laps.
Becoming certified allows women-         i
                                             https://www.bizjournals.com/columbus/news/2021/03/27/crew-project-minority-
owned businesses to bid on certain       contracting-results.html

contracts, but it doesn’t guarantee
they will win the bid and be awarded
the work.

                                                                                            2 3 | C o lu m b u s B a r L aw y e r s Q u a rt e r ly W i n t e r 2 0 2 2
Points of Practice                                                                                                                               “…we look at cases that addressed some
                                                                                                                                                   basics of civil litigation such as the pleading

Supreme Court                                                                                                                                  requirements, rules of evidence and elements of
                                                                                                                                               negligence. This year, the Court also addressed
                                                                                                                                               a school board resolution to arm teachers and
of Ohio: 2021 Year in Review                                                                                                                  the time limitations for confirming arbitration
                                                                                                                                             awards, among others.
           BY SAŠA TRIVUNIĆ

                                                                                                                           driver when the landowner “consciously created a
In this second edition of the Supreme                   Snay v. Burr, Slip Op. No.                                     hazard in the-right-of way with knowledge of the danger”
Court of Ohio Year in Review, we look                   2021-Ohio-4113i                                                the hazard creates for the driver. The Court declined to            Expect the Unexpected.
at cases that addressed some basics                     This case is about a widely asserted cause of action:          create such an exception.
                                                        negligence. Specifically, it’s about the duty of care that
of civil litigation such as the pleading                owners of land adjacent to a public road owe to errant         The accident leading to this case was tragic. In
requirements, rules of evidence, and                    drivers. According to the Court, the answer is “not very       December 2016, Cletus Snay was driving to work when
elements of negligence. This year,                      much.”                                                         he hit a patch of black ice, causing his car to veer to
                                                                                                                       the side, hit two mailboxes and roll over. The accident
the Court also addressed a school                                                                                      rendered Snay a quadriplegic. The first mailbox that Snay
                                                        Before Snay, an adjacent landowner did not owe a duty
board resolution to arm teachers and                    of care to a driver who left the regularly traveled portion    hit belonged to Matthew Burr and sat less than two feet
the time limitations for confirming                     of the road and hit an object in the right-of-way (i.e., the   from the edge of the road. Despite knowledge of the
                                                        easement acquired when the road was built, such as the         guidelines for installing mailboxes (published by USPS),
arbitration awards, among others.                                                                                      Burr installed his mailbox using a thicker diameter metal
                                                        shoulder, a berm, or a ditch.) Snay asked the Supreme
                                                        Court to create an exception to this rule and find that        pipe, buried it a foot deeper than recommended, and                  Personal Injury | Criminal Defense | Civil Litigation
                                                        an adjacent landowner owes a duty of care to an errant         packed it with a concrete mix and stones. After Snay’s
                                                                                                                                                                                             Legal issues often arise when you least expect them, and
                                                                                                                       accident, Burr’s mailbox remained in the ground while                when they do, it is important to contact a law firm you can
                                                                                                                       the second mailbox that Snay hit was destroyed. An                                              trust.
                                                                                                                       accident reconstructionist opined that the method Burr                    536 South High Street Columbus, Ohio 43215
                                                                                                                       used to install his mailbox caused Snay’s car to roll over               Telephone: (614) 221-1342 | www.tyacklaw.com
                                                                                                                       after hitting the mailbox.

                                                                                                                       The Snays sued Burr for compensatory and punitive
                                                                                                                       damages, alleging negligence and recklessness in
                                                                                                                       installing the mailbox. The trial court granted summary
                                                                                                                       judgment to Burr, holding that Ohio law does not impose        The case at the Supreme Court was about the first
                                                                                                                       upon adjacent landowners a duty of care to errant drivers      element of negligence: the duty of care. The Court
                                                                                                                       who lose control of their vehicles. The Sixth District Court   said that the duty of care owed by a defendant to a
                                                                                                                       of Appeals affirmed and the Supreme Court accepted             plaintiff is a question of law, and that the answer lies
                                                                                                                       discretionary review.                                          in precedent. The majority and dissent (Donnelly and
                                                                                                                                                                                      Brunner) differed in their interpretation of the Court’s

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holding in Manufacturer’s Natl. Bank of Detroit v. Erie           The dissent said the majority’s holding in Snay is
Cty. Rd. Comm.ii There, a fatal car crash occurred at             inconsistent with Manufacturer’s. The dissent said
an intersection because corn growing in the right-of-             Manufacturer’s “clearly stands for the proposition
way obstructed the driver’s vision of cross traffic. The          that landowners can be held to owe a duty of care to
estate of the driver sued the township and the adjacent           motorists based on creating an ‘unreasonable’ hazard in
landowner. Regarding the landowner, the Court held                the right-of-way.”
that “where the abutting landowner or occupier uses

                                                                                                                                                                                              MOTION TO
the highway right-of-way in a manner inconsistent with            Justice Donnelly said that Burr “consciously constructed
a highway purpose, and where such usage constitutes               a mini fortress to protect his mailbox” and that “[i]t does
an unreasonable hazard to the users of the highway,               not take great imagination to see how the facts of [Snay]

                                                                                                                                                                                              WITHDRAW.
the landowner or occupier may be liable for damages               could give rise to a duty of care on the part of Burr.”
proximately caused by the improper use of the right of
way.”                                                             Johnson v. Abdullah, Slip Op. No.                                                                                           Granted! My retirement starts on January 1, 2022.
                                                                  2021-Ohio-3304iv                                                                                                            I’ve had a long, rewarding career as both a trial lawyer and a
The Court declined to apply Manufacturer’s to Snay’s
                                                                  In Johnson, the Court said that a physician working in an                                                                   mediator. Thank you to everyone who’s helped make it great.
case, distinguishing Manufacturer’s because the accident
there occurred on the regularly traveled portion of the           executive role (such as a COO of a hospital) who doesn’t                                                                    Sincerely,
                                                                  directly oversee physicians who treat patients cannot                                                                       Bob Palmer
road (not the right-of-way as in Snay), and because there
was no dispute that the corn rendered ordinary travel on          testify as an expert witness under Evid.R. 601 because
the road unsafe by limiting visibility of divers. As a result,    they are not “active in clinical practice.”
the Court in Manufacturer’s didn’t consider whether the
landowners’ duty extended to off-road (right-of-way)              Evid.R. 601 is the “general rule of competency” of
conditions that didn’t impede the safety of ordinary travel       witnesses. The Rule says every person is competent
on the road (like a mailbox). Rather, the majority said, its      to be a witness except as otherwise noted in the Rule.        The Johnson family sued Dr. Abdullah for medical                 McCroy decision tried to strike a balance by devising
decision in Turner v. Ohio Bell Tel. Co., is controlling.iii In   One of these exceptions deals with expert witnesses           malpractice. At trial, Abdullah called Dr. Ron Walls to          a definition of “active clinical practice” that, in addition
Turner, a driver veered off the road and struck a utility         testifying in a medical malpractice case. That exception      testify as an expert witness. The Johnsons argued that           to physicians in direct contact with patients, included
pole in the right-of-way. The Turner court said that, with        says:                                                         Walls could not testify because he didn’t satisfy the            the “panoply of medical expertise of various physician-
respect to duties owed by landowners to drivers, the                                                                            requirements of Evid.R. 601, but the court overruled             specialists who work daily in and for hospitals often
“focus is not on the location of an off-road object but on             (B) Disqualification of witness in general. A person     them and found that Walls was competent to testify. The          assisting, directing, or advising the attending physician”
whether that object makes the roadway unsafe for the                   is disqualified to testify as a witness when the court   First District Court of Appeals reversed and remanded            in the care of the sick. McCroy also tried to exclude
usual and ordinary course of travel.” Since the utility pole           determines that the person is:                           the case for a new trial because it concluded that Walls’s       from the definition of “active clinical practice” testimony
was in the right-of-way and did not affect the ordinary                                                                         job was “almost entirely administrative,” and that Walls         of physicians “who earns his living or spends much of
course of travel on the road, the utility company owed no              (5) A person giving expert testimony on the issue        was not engaged in active clinical practice of medicine,         his time testifying against his fellows as a professional
duty to the driver.                                                    of liability in any medical claim, as defined in R.C.    in violation of the plain language of Evid.R. 601.               witness.”
                                                                       2305.113, asserted in any civil action against a
Because Burr’s mailbox did not affect the safety of                    physician, podiatrist, or hospital arising out of the    The Supreme Court affirmed. The Court looked at two              In the second case, Celmer v. Rodgers, the Court looked
ordinary travel on the regularly traveled portion of                   diagnosis, care, or treatment of any person by a         of its prior decisions in this area. The first and “seminal      at whether a medical expert may testify under Evid.R.
the road, the majority said, Burr’s knowledge that the                 physician or podiatrist, unless:                         case” in this area was McCroy v. State.vi In McCroy, the         601 when the expert does not satisfy the requirements
construction of his mailbox didn’t comply with guidelines                                                                       Court held that the term “active clinical practice” under        of the Rule at the time the trial takes place but did satisfy
did not warrant a departure from the general rule that                 (b) The person devotes at least one-half of their        the statute that later became Evid.R. 601 meant work             the requirements at the time the trial was originally
“the duty to motorists owed by an adjacent landowner or                professional time to the active clinical practice in     that was “so related or adjunctive to patient care as to be      scheduled to start (the opposing party causing the
an occupier of land adjacent to the road extends only to               their field of licensure, or to its instruction in an    necessarily included in that definition for the purposes         delay in trial date).vii In Celmer, the defense requested
conditions in the right-of-way that render ordinary travel             accredited school.v                                      of determining fault or liability in a medical claim.” The       a continuance of the trial and the court then stayed the
on the regularly traveled portion of the road unsafe.”

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case due to the insolvency of the defendant’s insurance     executive or administrative, which included overseeing        contact was primarily with the hospital’s management,        (6) results in a heightened pleading standard as opposed
carrier. Thus, the trial took place more than two years     the teaching and training programs in the hospital and        not treating physicians. In short, Walls “was not engaged    to the ordinary, notice-pleading standard. The Court
after the originally scheduled trial date. When the case    the quality and safety of patient care. Regarding time        in the active practice of medicine or in a role adjunctive   said no, reiterating that Ohio remains a notice-pleading
finally went to trial, the plaintiff’s expert no longer     that is not executive or administrative in nature, however,   to patient care” and thus failed to meet the standard set    standard in all but a few circumstances identified in the
devoted “at least one-half” of his professional time to     Walls testified that he devoted just one hour per week        by McCroy. The Court concluded, “We accordingly hold         Civil Rules:
active clinical practice, as required by Rule 601. The      making hospital rounds with the chief nurse, visiting         that a physician employed in an executive position who
Court created an exception in Celmer and, although          residents and nurses who deliver direct patient care.         does not directly oversee physicians engaged in treating          Ohio is a notice-pleading state. This means that
Rule 601 is written in the present tense, the plurality     Walls then testified that, although administrative or         patients does not satisfy the active-clinical-practice            outside of a few specific circumstances, such as
opinion permitted the plaintiff’s expert to testify given   executive in nature, everything he does in his day, week      requirement of Evid.R. 601.”                                      claims involving fraud or mistake, see Civ.R. 9(B),
the unique circumstances of that case.                      and month has a direct influence on patient care. The                                                                           a party will not be expected to plead a claim with
                                                                                                                                                                                            particularity. Rather, “a short and plain statement of
                                                            examples he provided include ensuring the hospital is         Maternal Grandmother v.
The Court declined to extend Celmer to Johnson              adequately staffed, ensuring the hospital has the proper                                                                        the claim” will typically do.ix
                                                            technology to treat patients, and mentoring and guiding
                                                                                                                          Hamilton Cty. Dep. of Job &
v. Abdullah. After noting “that medical-malpractice
actions often proceed at a snail’s pace,” the Court         department chairs and clinical nurse leaders. The Court       Family Servs., Slip. Op. 2021-0hio-                          These general pleading rules still apply, the Court says, in
limited Celmer to its facts and applied the general rule    didn’t buy it.                                                4096viii                                                     cases where an employee’s allegedly wanton or reckless
that a witness must meet the requirements of Evid.R.                                                                      The Supreme Court reiterated that Ohio remains a notice-     behavior is at issue. As a result, the grandmother was
601 at the time the testimony is offered at trial.          In the Court’s view, “Walls was a true executive.” To the     pleading state and that the notice-pleading standard         not required or expected to plead with particularity the
                                                            Court, it was important that Walls did not testify that he    applies to complaints that invoke the exception to           factual circumstances surrounding the alleged wanton
With that background, the Court found that Walls did        directly supervised any of the physicians at the hospital     immunity afforded to employees of political subdivisions.    or reckless behavior. Rather, “all that was required at the
not satisfy the requirement of Evid.R. 601 at the time      who treated patients. Rather, Walls’s focus was on                                                                         pleading stage” is to put the “caseworkers on notice of
of trial because was not in active clinical practice.       ensuring the hospital operated properly. At best, the Court   The grandmother of a deceased two-year-old sued              the claims against them and raising the possibility that
Walls testified that 90 percent of his work was purely      said, Walls indirectly supervised doctors, but his daily      Hamilton County, its commissioners, the department           the exception to their statutory immunity” might apply.
                                                                                                                          of job and family services, and individual caseworkers
                                                                                                                          involved in her granddaughter’s case, alleging claims for    Justice DeWine took the opportunity to “offer a more
                                                                                                                          wrongful death and survivorship. The complaint alleged       complete discussion of Ohio’s pleading standard.” In
                                                                                                                          that the caseworkers acted recklessly and wantonly in        his concurrence, Justice DeWine discusses Ohio’s
                                                                                                                          performing their duties by, among other things, ignoring     adoption of the notice-pleading standard from the U.S.
                                                                                                                          the history of family abuse, failing to investigate and      Supreme Court’s decision in Conley v. Gibson, which said
                                                                                                                          report neglect and abuse, and overlooking clear signs of     a complaint may be dismissed at the pleading stage if
                                                                                                                          abuse during a home visit less than a month before her       it appears beyond doubt that plaintiff can prove “no set
                                                                                                                          granddaughter’s death. The defendants filed motions          of facts” in support of the claim. Justice DeWine then
                                                                                                                          for judgment on the pleadings, arguing that they were        recounted the U.S. Supreme Court’s divergence from
                                                                                                                          statutorily immune from the lawsuit. The trial court         the notice-pleading standard in Conley in favor of the
                                                                                                                          granted the motions. The court of appeals affirmed,          “plausibility” pleading standard articulated in Twombly
                                                                                                                          concluding that the complaint contained unsupported          and Iqbal, stating that the “no set of facts” standard
                                                                                                                          legal conclusions without sufficient facts to show that      had “earned its retirement.” Justice DeWine argues that
                                                                                                                          the conduct of the caseworkers rose to the level of          Ohio “should consign the phrase to a similar fate in Ohio
                                                                                                                          willful, wanton or reckless misconduct to overcome the       jurisprudence” and invites the issue to come before the
                                                                                                                          presumption of immunity under R.C. 2744.04(A)(6).            Court by claiming “[t]here are good reasons” for Ohio to
                                                                                                                                                                                       adopt the Twombly and Iqbal pleading standard. Until
                                                                                                                          The Supreme Court reversed. The issue before the court       then, Ohio remains a notice-pleading state.
                                                                                                                          was whether a case involving an exception to immunity
                                                                                                                          for wanton or reckless behavior under R.C. 2744.04(A)

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