Contact Information Hilary S. Taylor

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Kristopher Hodge
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D. from Cleveland Marshall College of Law. He gained his Ohio Bar admission in 1977.

1 HILARY S. TAYLOR Partner HILARY S. TAYLOR is an experienced civil defense attorney skilled in the defense practice in the areas of employment, municipal liability, medical malpractice and civil rights. Hilary received his B.A. from Central State University and his J.D. from Cleveland Marshall College of Law. He gained his Ohio Bar admission in He has argued before the Eighth, Tenth and Eleventh District Court of Appeals (State), the Ohio Supreme Court and the Sixth Circuit Court of Appeals (Federal). Hilary is currently an Adjunct Professor at Case Western Reserve University Law School and teaches Lawyering Process and Trial Tactics. He was secretary of The Legal Aid Board of Trustees from and served as its President from Hilary served as Vice Chairman for the Center for Families & Children. He has lectured at Cleveland Marshall College of Law, Case Western Reserve University Law School, the Cuyahoga County Bar Association, the American Bar Association Section on Litigation, and numerous local and national seminars. In 2007, he presented a lecture before the Ohio State Bar Association s Annual Labor and Employment Law Seminar. In January 2008, he spoke at the Defense Research Institute s Civil Rights and Governmental Tort Liability Seminar on the subject of representing police departments and officers. Hilary served as a member of the advisory group for the implementation of the Civil Justice Reform Act and chaired the Mass Tort Subcommittee. Hilary is a Life Member of the Sixth Circuit Judicial Conference and a member of the prestigious Life Member Committee appointed by the Chief Judge of the Circuit. In addition, Hilary is a Master Bencher with The Judge John M. Manos Inn of Court. Since 2007, he has been recognized in the Best Lawyers in America for Insurance Law and Municipal Law. Hilary has served on numerous boards of charitable and societal improvement organizations including Starting Point, Shaker Lakes Regional Nature Center, Bedford High School Foundation, the American Bar Association s Conference of Minority Partners in Majority Law Firms, the American Judicature Society and the Secondary Education Committee of St. Peter Chanel High School in Bedford, Ohio. Hilary is a charter member of the Bedford High School Distinguished Alumni Hall of Fame. He is a graduate of the Leadership Cleveland Program of the Greater Cleveland Growth Association (class of 1994). He is also a decorated Veteran of the Vietnam War serving in the United States Army as Captain. Contact Information Hilary S. Taylor htaylor@westonhurd.com

2 Hilary Taylor s trial resume includes, but is not limited to: Year: 1985 Edmonds v. Dillon U.S.D.C., Cleveland; Judge William K. Thomas Fourth Amendment alleged deprivations by police officers and city City of Warrensville Heights, Ohio A drug raid involving a forcible entry by the officers. No drugs were found and a suit ensued. Case took 12 weeks to try. Year: 1985 Evans v. Troutman (817 F.2d 104) U.S.D.C., Akron Judge Dowd Alleged wrongful termination of a public employee violating the United States Constitution and Title VII Summit County and Sheriff David W. Troutman Plaintiff alleged termination and violation of federal statutes including Title VII of the United States Code. Year: 1987 Hyre v. U.S. Minerals U.S.D.C., Dayton Product liability/asbestos Plaintiff verdict $220,000; $210,000 offset by other settlements Synopsis of case: A disputed asbestosis case defending against the claims of an insulator; the question was whether or not he had an asbestosrelated disease. Year: 1987 Layne v. United States Mineral Products Corporation (42 Ohio Misc.2d 19) Product liability/asbestos Plaintiff verdict $350,000 United States Mineral Products Corporation Plaintiff claimed mesothelioma as a result of asbestos containing products exposure from USM. Plaintiff was 40 years old and died shortly after the trial. Year: 1988 City of Euclid v. Kimmey Casavan Kourelis

3 Euclid Municipal Court Criminal/Dog ordinance Directed verdict Kimmey Casavan Kourelis Defense of fellow employees being cited by the City of Euclid for her dog biting another citizen. Year: 1990 Sweeney v. Ameritrust Corporation U.S.D.C., Cleveland, Bankruptcy Division Discrimination under the Bankruptcy Code Plaintiff's verdict $75,000 Ameritrust Corporation Synopsis of case: Bank officer brought discrimination claim against bank when discharged because he had filed for bankruptcy. Year: 1991 Kline v. Hillhaven Nursing Homes, Inc. Summit County Court of Common Pleas Nursing home negligence Hillhaven Corporation Claim of nursing home negligence. Year: 1991 Neysa Harden v. LC Hall Intentional tort LC Hall Representation of a taxicab driver accused of the rape of a female passenger. The passenger was a special needs child being transported to a local support agency. Plaintiff alleged she was attacked and raped by the cab driver. Year: 1991 Smith v. Hillhaven Nursing Corporation Franklin County, Ohio Wrongful discharge Directed verdict Hillhaven Corporation Nurse's aide brings wrongful discharge action against employer nursing home.

4 Year: 1992 The City of Cleveland v. John Beck Cleveland Municipal Court Criminal trespass and disorderly conduct 16 clients defended; 12 were convicted, 6 were acquitted Lawyers For Life Representation of demonstrators at an abortion clinic who were charged with trespass and disorderly conduct. Year: 1993 Lewis Robinson v. City of North Olmsted U.S.D.C., Cleveland Title VII City of North Olmsted, Ohio Synopsis of case: Race discrimination against city in hiring process for building inspector. Year: 1997 Blancett v. Cambridge Health Care Center Guernsey County Common Pleas Court Nursing home malpractice Plaintiff verdict $150,000 compensatory, $850,000 punitive Cambridge Health Care Center Wrongful death in a nursing home under the Ohio Nursing Home Statute which, at the time, allowed punitive damages for negligence level care. (1999 WL 3958) Year: 1998 Andre McDonald v. John Anderson U.S.D.C., Cleveland Fourth Amendment search and seizure Dismissal/directed verdict Officer John Anderson Plaintiff drug dealer alleged that five Cleveland police officers placed marijuana and crack cocaine on his person. Girlfriend confesses under my cross examination to plaintiff's ownership of the drugs. Not certain whether the plaintiff or the court's dismissal is the official call. The trial judge dismissed the case after the examination. Year: 1998 Ernest W. Jones, Admr. v. Robert J. Juhasz, D.O.

5 Medical malpractice Robert Juhasz, D.O. Wrongful death claim brought against physician for failure to diagnose acute respiratory distress syndrome. Year: 1999 Michelle Brooks vs. Alvin White U.S.D.C., Cleveland; Judge Kathleen O Malley Civil Rights City of Cleveland and Alvin White Plaintiff claimed police brutality in the form of a beating taking place in the police station. Plaintiff claimed that she could breach the blue wall of silence. One officer testified adversely but the jury held that the force utilized was necessary under the circumstances. A classic force continuum case. Year: 1999 Patty Lombard v. MCI Corporation U.S.D.C., Cleveland; Cuyahoga Common Pleas Sexual harassment and wrongful discharge Patti Lombard Representation of woman alleging sexual harassment by her employer. Year: 2000 Harp v. City of Cleveland Heights (87 Ohio St.3d 506) Cuyahoga Common Pleas Municipal negligence City of Cleveland Heights Wrongful death action brought by the heirs of a citizen killed by a falling tree onto the roadway. Both a survival action and for wrongful death. The subject of an Ohio Supreme Court case on the issue of nuisance and constructive notice. Year: 2001 Thomas v. City of Cleveland U.S.D.C., Cleveland Alleged Fourth Amendment deprivations

6 City of Cleveland Alleged racial profiling by black male plaintiff Year: 2004 City of Cleveland v. Christine Branche Cleveland Municipal Court Traffic/criminal Hung jury Christine Branche Client alleged to have left the scene of an accident where a pedestrian was seriously injured. Year: 2004 Karel Lojowsky, et al. v. Tower City Development Inc., et al. Excessive force allegation Defense Verdict Forest City, Tower City and Luke Hartman Plaintiff claimed off duty police officer used excessive force in her arrest for disorderly conduct. Year: 2007 Timothy Dalchuk v. Summit County Summit County Court of Common Pleas County official motor vehicle accident 30% liability for county official Summit County and Paul Wilson Claim of reckless vehicular operation. Year: 2007 United States of America v. City of Euclid U.S. District Court, Northern Division Voting Rights Act Section 2 Verdict for United States; redistricting of city City of Euclid Claim that system for electing city council diluted the black vote. Year: 2010 Carlene Thirion v. City of Bedford Heights, et al. U.S. District Court, Northern Division FMLA retaliation and sex and race discrimination Verdict for Plaintiff City of Bedford Heights, Ohio

7 The claim was against the Mayor of the City of Bedford Heights, Ohio. It was a reverse discrimination case brought by a white coworker against the City s first Black Mayor. The Mayor was accused of eliminating the plaintiff due to her race and in violation of FMLA. The case went to jury on a claim against the City as the Mayor was dismissed on directed verdict. The decision was not appealed. The demand was $500,000 and the last offer was $150,000. The jury was all white. Plaintiff s verdict was for $1.3 million. The case was settled in a post trial mediation.

ZASHIN&RICH CO.,L.P.A.

ZASHIN&RICH CO.,L.P.A. EMPLOYMENT LAW QUARTERLY Volume XI, Issue III Summer 2009 In this issue: 2 CUYAHOGA COUNTY COURT OF APPEALS HOLDS AGE DISCRIMINATION PLAINTIFFS MUST MAKE AN ELECTION OF REMEDIES 3 NEW OHIO SUPREME COURT