Paving the way for victims to recover new damages in personal injury cases . Mr. Garver’s dedication, persistence, and cutting edge litigation skills resulted in the first legal precedent in the State of Ohio for the right of a parent to recover damages for the loss of his minor child’s society and companionship. Norvell v. Cuyahoga County Hospital, 11 Ohio App. 3d 70, 463 N.E. 2d 111 (8th Dist. 1983) Later, in the same case, Mr. Garver negotiated a substantial settlement for his clients — the first successful claim against a physician or hospital for the failure to diagnose Osteogenesis Imperfecta Tarda (Brittle Bone Disease).
Assuring meaningful review in criminal cases. Mr. Garver’s recent success in the Supreme Court of Ohio resulted in a precedent-setting decision which assures meaningful appellate review of sentences in criminal cases involving multiple charges arising out of same occurrence. State v. Williams, 134 Ohio St. 3d 482, 2012 Ohio 5699.
Protecting an employee’s right to secure new employment. Mr. Garver successfully defended a securities broker in action for injunctive relief and monetary damages brought by his former employer, despite the existence of a legally enforceable written contract containing a covenant not-to-compete. The Ohio Company v. Eugene Ochalek, et al, Court of Common Pleas of Stark County, Case No. 1997 CV 01382. The opposing party, in Ochalek, which had retained a large Columbus law firm, as well as local counsel in Stark County, was so disheartened by this stunning defeat that it abandoned similar claims against another former employee.
Protecting a teenager who rightfully challenged sheriff’s deputies. Mr. Garver vindicated 17-year old boy in the Court of Appeals of Ohio, Eleventh Appellate District, and in the Supreme Court of Ohio. His client had been adjudged a delinquent child based upon a charge of felonious assault. Mr. Garver’s client had pointed a loaded shotgun at two sheriff’s deputies when they mistakenly approached his house in rural Geuaga County in the middle of the night while responding to a broadcast of a disturbance at a different address. Mr. Garver successfully maintained that his client’s actions were justified under the law of self-defense. The adjudication of delinquency was vacated and set aside. In re Sekulich, 65 Ohio St. 2d13, 417 N.E. 2d 1014 (1981)
Vindication for a client who was wrongfully accused. Mr. Garver successfully appealed summary judgment in favor of a detective in an action for malicious prosecution. The Court of Appeals of Ohio, Eighth Appellate District, upheld the right of a person arrested without probable cause to sue a public official for instituting a criminal prosecution under certain circumstances. The underlying case was settled shortly after the Court of Appeals issued its ruling. The terms of the settlement are confidential. Haas v. City of Chagrin Falls, 8th Dist. Case No. 79659, 2002 Ohio 585.
Assuring appellate review in child custody cases. Another recent victory in the Supreme Court of Ohio will assure appellate review of decisions made by juvenile court judges in child custody cases. In re C. B., 129 Ohio St. 3d 231, 211 Ohio 2899
Compensation for airline passenger injured by spilled coffee. Mr. Garver prevailed in summary judgment proceedings and secured a substantial settlement in favor of airline passenger injured when hot coffee spilled on his client after the flight attendant had placed a cup of coffee on a defective seat tray table. Two years after the occurrence, Mr. Garver obtained a court order requiring the airline to make the plane available for inspection. He then flew to Phoenix, AZ, where he inspected the plane on the tarmac and photographed the seat tray in question. Mr. Garver’sphotographs demonstrated that the seat tray was still defective, despite repeated claims by the airline to the contrary. Terms of the settlement are confidential.
Relief from excessive sentence in criminal case. Mr. Garver successfully attacked a 33-year sentence imposed after the defendant had been convicted of aggravated robbery. In a rare rebuke to the lower court, the Court of Appeals of Ohio, Eighth Appellate District, found the sentence to be an “abuse of discretion.” State v. Moore, 2012 Ohio 1958; 970 N.E.2d 1098, discretionary appeal not allowed,133 Ohio St. 3d 1413, 2012 Ohio 4650, 975 N.E.2d 1030.
Relief for client shackled with lifetime spousal support order. Mr. Garver successfully challenged award of life-time spousal support with post-decree motion filed in the divorce case.
“Hat Trick.” In ice hockey, they call it a “hat trick” when a player scores three goals in one game. If that term were to be applied to legal services, Mr. Garver would have to be credited with a “hat trick” for his representation of Dorothy, a young woman who sought his assistance at a time of great crisis in her life. After experiencing years of abuse, Dorothy shot and killed her common law husband in self-defense. Mr. Garver achieved the following results for Dorothy: (i) dismissal of the homicide charges; (ii) settlement of her claim for the proceeds of his life insurance policy; and (iii) an award of social security benefits for her minor child due to the death of his father.
Compensation for motorcycle accident victim. $200,000 jury verdict for a motorcyclist injured in collision with automobile.
Compensation for motorcycle accident victim. $250,000 settlement in favor of a motorcyclist struck by automobile.
Compensation for pedestrian struck by bus. Substantial settlement secured for an elderly pedestrian struck by bus. The terms of the settlement are confidential.