Posts Tagged ‘Ohio’

“Website ordered to pay $125,000 over ‘haunted’ mill claim”

Melissa Duer and her husband own a property that includes the state of Ohio’s only surviving grist mill, built by her ancestor, Eli or Elias Staley. Stories that the property is haunted have circulated for many years and were relayed in the book “Weird Ohio” and on the (apparently unrelated) website Forgotten Ohio. The Duers sued the authors of book and site on the grounds that by giving publicity to the stories they had helped attract many curiosity seekers to the site, forcing the couple “to spend thousands of dollars on security measures at the mill including $35,000 for an estate dog, Duer testified at a March hearing”. A judge ruled for the book defendants, “saying those responsible for [“Weird Ohio”] did not place the Duers in a false light, had no intent of emotional distress and had not trespassed or caused anyone else to trespass on the property.” However, Columbus resident Andrew Hamilton did not respond in defense of his website Forgotten Ohio (where it looks as if the disputed passage may still be standing, in the “Clark County” section, though other accounts place the property in Miami County) and the judge awarded a default judgment against him of $125,000. The Duers’ lawyer, Jeremy Tomb of Troy, says the couple intends to appeal the judge’s ruling in favor of the book, which has dropped the Staley story from its second printing.

The damages claimed included: $1,921 for an invisible fence; $1,710 for private security; $27,606 for diminished value to the property from rumors it is haunted; $57,217 in legal fees; $6,340 in litigation expenses; and $35,000 for the dog.

Duer testified extra money was spent on the dog specially trained to be under command.

“We didn’t want just any pet or regular dog that could possibly bite people,” she said in court.

Pictures said to be of the Staley Mill appear at MillPictures.com. [Nancy Bowman, Dayton Daily News]

Ohio homebuilder vs. gripe site

The lawsuit was eventually dismissed, but “at a high cost”: “Even if you are only making innocent comments on a blog,” said the defendant, “you can wake up one day and find out you are being sued simply because someone didn’t like what you wrote, and the nightmare begins.” [“Anonymous Gripe Site Wins Legal Battle With Ohio Homebuilder Powermark Homes”, Ardia, Citizen Media Law].

“Jeweler Awarded $3.8M for Theft of Mystery Diamond”

Did the fabulous pink diamond actually exist? That was one of the issues in the legal fight — which in places reads more like a spy thriller than like a conventional business dispute — between plaintiff John Stafford, a jeweler in Miami Township, Ohio, and defendant Julius Klein Diamonds of New York. A federal jury sided with Stafford, who said he had paid $8,000 in cash for the gem from a mysterious seller in Las Vegas; the eventual verdict came in at more than 400 times that sum. (OnPoint News; Dayton Business Journal; Diamonds.net)

Co-workers sue Mega Millions lottery winners

I don’t know how many times I’ve seen generic versions of this story, but this is the latest, filed by four Piqua, Ohio, workers who want a $41 million share of the $207 million lottery payout. “The four said they were out of the office and unavailable to contribute to the office pool for the Dec. 12 drawing” but allege an oral agreement that winnings would be shared whether workers happened to be around to contribute or not. (Nancy Bowman, “Piqua lottery winners sued by co-workers”. Dayton Daily News, Dec. 23).

Football-keeping neighbor sues parents

Ohio: “The 88-year-old Blue Ash woman arrested after refusing to give a 13-year-old neighborhood boy his football back after it landed in her yard has sued the youth’s parents, alleging emotional distress. The lawsuit by attorney H. Louis Sirkin on behalf of Edna Jester contends that Paul and Kelly Tanis “and their minor children ‘regularly and without permission’ enter Jester’s yard to retrieve footballs and other play items that have been ‘carelessly tossed’ onto her property, the suit adds. …The Blue Ash city solicitor and city prosecutor later dropped the misdemeanor theft charge filed against Jester after she refused a police officer’s order to return the Tanis boy’s football.” (Barry M. Horstman, “Football keeper files lawsuit”, Cincinnati Enquirer, Jan. 3).

Marc Dann’s “Where Are They Now?” Moment

Overlawyered readers may well recall the travails of disgraced former Ohio Attorney General Marc Dann.  Dann dropped off the radar earlier this year after he was driven from office amid allegations of sexual harassment and workplace affairs within his office.  Before stepping down, Dann touched off a brief constitutional crisis in Ohio, similar to what Illinois is now experiencing thanks to Rod Blagojevich.

Now Dann is back in the news, with a less sexy scandal involving campaign finance expenditures:

Former Ohio Attorney General Marc Dann used his campaign account to bankroll home repairs and family vacations, according to a newspaper review of state investigative reports.

Interestingly, beyond the expected “lies all lies!” defense, Dann responds that while he didn’t do it, if he did do it, he did it on the advice of counsel:

“The allegations that have been made in these complaints are either false or they lack a basis in law,” Dann said. “We operated the campaign committee lawfully, and all the expenditures were made with the advice of counsel and were appropriate.”

It would be nice to know which counsel advised the former attorney general that home repairs and family vacations were appropriate campaign expenditures.  Assuming that the counsel wasn’t Marc Dann.

Via Instapundit, who observes that the AP’s treatment of this story leaves the reader puzzled as to Dann’s party identity.  Perhaps Marc Dann was an independent.

Sliding down stair railing while drunk

“One may sympathize with the family of Todd Jette, who was killed in an unsuccessful attempt to slide down a stair railing at Adobe Gila’s Bar and Grill in Dayton, Ohio. … One has less sympathy for the lawyers who have just filed suit on behalf of Jette’s estate, arguing that the restaurant was negligent for failing to save Jette from himself.” (Social Services for Feral Children, Dec. 9; “Greene restaurant facing lawsuit”, WHIO, Dec. 9; Kelli Wynn, Dayton Daily News, Dec. 13, 2006).

October 29 roundup