John A. Fiocca

Phone: 

(614) 469-7130

Fax: 

(614) 469-7146

Areas of Practice

  • Property and Casualty Defense
  • Professional Negligence
  • Commercial Litigation Defense
  • Extra-Contractual Liability Defense
  • Insurance Coverage
  • Employer Intentional Tort
  • Product Liability Defense
  • Construction Law
  • Appellate Law
  • Veterinary Malpractice Defense



Education

Case Western Reserve University College of Law
Juris Doctorate, 1975

Miami University
B.A. Political Science, cum laude, 1972; Honors: Phi Beta Kappa; Omicron Delta Kappa; Phi Alpha Theta; The 1970 Outstanding Miami Student Award; The Gary L. Best Memorial Award in Political Science; The Pomerene Award in Political Science.
 



Admitted to Practice

Federal Courts:

  • United States Supreme Court
  • United States Sixth Circuit Court of Appeals
  • United States District Court, Northern and Southern Districts

State Courts:

Ohio



Joining Smith, Rolfes & Skavdahl in 1999, John brings over forty years of diverse trial and appellate experience to the practice, particularly in the areas of professional liability, commercial and contract litigation, product liability, complex litigation, and personal injury defense. In the malpractice arena, John has successfully represented hundreds of design professionals, judges, lawyers, medical and veterinary professionals, and construction contractors, in state and federal trial and appellate courts, as well as representing professionals in state licensing board proceedings.

Columbus, OH

41 South High St.
Suite 2300
Columbus, Ohio 43215
(614) 469-7130

    Notable Experience

    SIGNIFICANT APPELLATE DECISIONS

    Drury v. Blackston, 2015-Ohio-4725.

    Nationwide Mut. Ins. Co. v. Pinnacle Baking Co., Inc., 10th Dist. No. 13AP-485.

    Collias v. Redburn, 2012-Ohio-2128, 16-11-10 (OHCA3).

    Cerimele v. Buren, 2013-Ohio-1277, 11 MA 159 (OHCA7).

    Sokolovic v. Hamilton, 195 Ohio App.3d 406, 2011-Ohio-4638.

    Columbus v. Alden E. Stilson & Assoc., 90 Ohio App.3d 608, 630 N.E.2d 59 (Ohio App. 10 Dist. 1993).

    Wagner-Meinert, Inc. v EDA Controls, Corp., Case No. 06-3777, United States Court of Appeals for the Sixth Circuit, 2007 U.S. App. Lexis 4879;  U.S. Supreme Court certiorari denied, 2008 U.S. LEXIS 1268 (2008); United States District Court
    Northern District of Ohio, Western Division, 444 F. Supp 2d 800 (2007).
    http://www.ca6.uscourts.gov/opinions.pdf/07a0149n-06.pdf

    Mumford v. Zieba, United States Court of Appeals for the Sixth Circuit, 4 F.3d 429 (1993).

    Studer v. Kelly, United States Court of Appeals for the Sixth Circuit, 856 F. 2d 196 (1988).

    Simmers v. Bentley Construction Co. (1992), 64 Ohio St. 3d 642.
    http://www.sconet.state.oh.us/rod/docs/pdf/0/1992/1992-ohio-42.pdf

    Damon’s Missouri, Inc. v. Davis (1992), 63 Ohio St. 3d 605.

    Goolsby v. Anderson Concrete Corp. (1991), 61 Ohio St. 3d 549.

    State ex rel. Albright v. Court of Common Pleas (1991), 60 Ohio St. 3d 40.

    In re Protest Filed with Franklin County Board of Elections (1990), 49 Ohio St. 3d 102.

    Lawrence v. Big Creek Veterinary Hospital, L.L.C., Ohio Eleventh District Court of Appeals, 2007-Ohio-4627.
    http://www.sconet.state.oh.us/rod/docs/pdf/11/2007/2007-ohio-4627.pdf

    Kaeppner v. Leading Management, Ohio Tenth District Court of Appeals, 2006-Ohio-3588.
    http://www.sconet.state.oh.us/rod/docs/pdf/10/2006/2006-ohio-3588.pdf

    Diakakis v. Western Reserve Veterinary Hospital, Ohio Eleventh District Court of Appeals, 2006-Ohio-201.
    http://www.sconet.state.oh.us/rod/docs/pdf/11/2006/2006-ohio-201.pdf

    Ullmann v. Duffus, Ohio Tenth District Court of Appeals, 2005-Ohio-6060.
    http://www.sconet.state.oh.us/rod/docs/pdf/10/2005/2005-ohio-6060.pdf

    Peltier v McCartan, Ohio Third District Court of Appeals, 2005-Ohio-3901.
    http://www.sconet.state.oh.us/rod/docs/pdf/3/2005/2005-ohio-3901.pdf

    Stewart v. West Ohio Conference of the United Methodist Church, Ohio Tenth
    District Court of Appeals, 2003-Ohio-3885.
    http://www.sconet.state.oh.us/rod/docs/pdf/10/2003/2003-ohio-3885.pdf

    Wooten v. Farmers Insurance of Columbus, Inc., Ohio Tenth District Court of Appeals, 2002-Ohio-2175.
    http://www.sconet.state.oh.us/rod/docs/pdf/10/2002/2002-ohio-2175.pdf

    Sullivan v Morgan, Ohio Tenth District Court of Appeals, No. 93AP-747, 1994 Ohio App. LEXIS 1197.

    Gabbard v Macaluso Fruit Co., Ohio Tenth District Court of Appeals, No. 92AP-772, 1992 Ohio App. LEXIS 5739.

    State ex rel. Reque v. Clark, Ohio Twelfth District Court of Appeals, No. CA91-02-005, 1992 LEXIS 3865.

    Loccisano v. Belmont Metropolitan Housing Authority, Ohio Seventh District Court of Appeals, No. 91-B-1, 1991 Ohio App. LEXIS 4631.

    Walton v. Rogers, Ohio Tenth District Court of Appeals, No. 9-89-65, 1991 Ohio LEXIS 419.

    USX Corp. v State Unemployment Compensation Board of Review (1990), 70 Ohio App. 3d 566, Ohio Tenth District Court of Appeals.

    Keffer v. Honda of America Mfg. Co., Ohio Third District Court of Appeals, No. 14-89-28, 1990 Ohio App. LEXIS 5746.

    Central Trust  v. Kuhn, Ohio Tenth District Court of Appeals, No. 90AP-458, 1990 LEXIS 4921.

    Bader v. Therm-O-Disc, Inc., Ohio Fifth Appellate District, No. CA-2732, 1990 Ohio App. LEXIS 4231.

    Graham v. Viereck (1990), 69 Ohio App. 3d 1.  Ohio Tenth District Court of Appeals.

    Canal Ins. Co. v. Atlanta International Ins. Co., Ohio Tenth District Court of Appeals, No. 88AP-1095, 1989 Ohio App. LEXIS 4360.

    Hasebrook v. Westerville Square, Inc., Ohio Tenth District Court of Appeals, No. 89AP-130, 1989 Ohio App. LEXIS 2966.

    United Telephone Co. v. C.J. Mahan Construction Co., (1989), 63 Ohio App. 3d 437, Ohio Tenth District Court of Appeals.

    Lundy  v. Lederle Labs., Div. of Am. Cyanamid Co. (1988), 54 Ohio App. 3d 192, Ohio Tenth District Court of Appeals.

    Jenkins v. Douthett, Ohio Fourth District Court of Appeals, No. 556, 1988 Ohio App. LEXIS 1890.

    Christian v. Hartman, Ohio Tenth District Court of Appeals, No. 87AP0217, 1988 Ohio App. LEXIS 1741.

    Brown v. Nichols, Ohio Twelfth District Court of Appeals, No. CA86-10-022, 1987 Ohio App. LEXIS 6033.

    Sterling Merchandise Co. v. Hartford Insurance, Co. (1986) 30 Ohio App. 3d 131.

    West v. P.D.G. Development (1994), 68 Ohio Misc. 2d 25.

    Pursley v. MBNA Corp.  Ohio Eighth District Court of Appeals, 2007-Ohio-1445.
    http://www.sconet.state.oh.us/rod/docs/pdf/8/2007/2007-ohio-1445.pdf

    Lauderbaugh v. Gellasch, Ohio Eighth District Court of Appeals, 2008-Ohio-6500.
    http://www.sconet.state.oh.us/rod/docs/pdf/8/2008/2008-ohio-6500.pdf


    SIGNIFICANT JURY VERDICTS

    Bruce Keck v. Gander Mountain Company and Kinsey’s Archery Products, Inc. U.S. District Court Case No. 4:13CV0185.  Product liability, Ohio Revised Code Chapter 2307.71 et seq. Demand to jury $6.1 million.  Defense verdict.  Plaintiff claims safety harness he was wearing and sold by insolvent manufacturer through  defendant suppliers was defective in design, manufacture  and inadequate warning.  He claims the harness broke, causing him to fall 15 feet the ground resulting in multiple skull fractures, broken nose, broken sinus cavities, multiple traumatic brain injuries, punctured lung, broken back, broken neck, spinal cord damage, multiple broken ribs, broken clavical, permanent scarring including 10 inch surgical scar with bony gibbus, and permanent nerve damage, permanent physical and cognitive impairment, permanent disablement, and inability to return to work for the rest of his life.  Defendants argued Plaintiff was not wearing harness at time of accident.  Acute hospital bills exceeded $225,000.  2 ½ week jury trial.  Expert witnesses included two board certified orthopedic surgeons, two board certified neurologists, one economist, one vocational rehabilitation specialist, one functional capacity evaluator, one neuropsychologist, one board certified toxicologist, one board certified physiatrist, one industrial standards expert, and two professional engineers, St. Elizabeth Medical Center Lab Director, and a dozen parties and first responders, and approximately 5,000 pages of medical records, SSD records, pleadings, employment records, testing records, reports, photos, and deposition transcripts.  Decision 12-22-15.

    Tracey v. Stark County Historical Society (Stark County).  Premises liability.  $225,000 demand.  Defense Verdict.  A 40-year-old woman fell three feet to the ground onto a concrete floor from a platform at the William F. McKinley Presidential Library and Museum in Canton, Ohio while viewing an exhibit. As a result, she claimed permanent physical and psychological injuries, and permanent disability.  Plaintiff sued the Library for personal injury under a premises liability theory of recovery, and introduced expert testimony from a liability expert, and several medical and psychiatric experts.  The jury concluded the Library was not legally responsible for the Plaintiff’s injuries and entered a defense verdict.

    VSSNEO v. Joyce Mercer (Summit County).  Veterinary malpractice.  $20,000 demand.  Defense Verdict. A dog owner incurred over $20,000 in veterinary costs associated with the treatment of her dog at a specialized veterinary hospital.  Five surgeries were performed.  The treating veterinarian sued the owner for unpaid veterinary fees, and the owner counterclaimed for veterinary malpractice.  Expert evidence was introduced by both sides, and the jury 1) found in favor of the veterinary facility in connection with the action on account, and 2) found in favor of the defendant veterinarian in connection with the owner’s claim for veterinary malpractice.

    Lawrence v. Big Creek Veterinary Hospital (Geauga County).  Veterinary malpractice.  $45,000 demand.  Defense Verdict. A veterinarian administered acepromazine to a horse during an equine dental procedure.  Five days later, the horse developed priapism and paraphimosis, resulting in the need for a phallectomy.  The owner sought damages exceeding $20,000, and introduced expert academic veterinary testimony that administration of the acepromazine breached the standard of professional care and proximately resulted in injury to the horse and damages.  The jury concluded the administration of the acepromazine did not breach the applicable standard of veterinary care, and did not cause the condition which required the surgery.

    Digicolor, Inc. v. Farmers Insurance of Columbus, Inc. (Franklin County).  Breach of Contract. $94,000 demand.  Jury Verdict $21,000. Settlement demand $35,000.   An insurer retained a mold expert to remediate the home of an insured.  Dissatisfied with the expert’s work, the insurer terminated the expert..  The expert continued to do work at the property, claiming he had contracted not with the insurer, but with the homeowners, who wanted the expert to continue his efforts.  Ultimately, the expert submitted total bills in the amount of approximately $167,000 to the insurer.  The expert sued the insurer for the unpaid portion of his bill in the sum of $94,000 incurred after the contract had been terminated.  The jury agreed with the defendant insurer that the contract for services had been created between the expert and the insurer rather than the homeowner, and that the insurer did have a right to fire the expert.  The jury did award $21,000 to the expert for the portion of the bill incurred prior to the termination which had not yet been paid.

    Phillis v. Kalas  (Cuyahoga County).  Clear liability rear end auto accident.  $21,000 demand.  Jury verdict “medical bills only.” Plaintiffs claimed to have sustained soft tissue injuries as a result of a rear end auto accident while on their way to a rock concert in Cleveland.  Following the accident, they attended the concert, then sought medical and chiropractic care for their injuries in the days which followed.  At trial, the plaintiffs’ experts testified the plaintiffs’ had been injured, and that the injuries required medical treatment.  The defendant’s chiropractic expert testified there existed no objective evidence of injury, and that chiropractic treatment was unnecessary.  The jury did award the plaintiffs’ the bills, but did not award anything for pain and suffering (non-economic) damages in the approximate amount of $14,000, as requested.


    PUBLICATIONS AND PRESENTATIONS

    "If You Cried When Old Yeller Died, Can You Sue the Veterinarian?; Ohio Association of Civil Trial Attorneys Quarterly Review, Summer 2017

    "Back to Basics- The Differences Between Expert Witness Cross Examination at Discovery Deposition and at Trial", Ohio Association of Civil Trial Attorneys Quarterly Review, Spring 2014.

    2012 Midwest Veterinary Conference
    Columbus Convention Center, February 2012
    Featured speaker at the 2012 Midwest Veterinary Conference on the subject of veterinary legal liability, including six lecture presentations regarding professional veterinary negligence and veterinary malpractice; recoverable damages in veterinary malpractice cases; national trends in veterinary malpractice law; veterinary discipline; veterinary informed consent; veterinary licensure and discipline; and how to avoid veterinary malpractice.

    How to Avoid Veterinary Malpractice, 2009
    Student and faculty lecture presented at The Ohio State University College of Veterinary Medicine.  Veterinary malpractice faculty seminars presented to the OSU College of Veterinary Medicine  Departments of Radiology and Pathology.

    The Case for Merit Selection of Judges
    Drafted the 1987 Ohio merit selection of judges proposed state constitutional amendment; Co-ordinated the statewide initiative petition effort in 1979, and served as the campaign’s State Campaign Finance Director in 1979; Delivered hundreds of presentations throughout Ohio urging passage of the statewide constitutional amendment ballot issue in 1987.

    Judicial Liability - Keynote speaker, Ohio Judicial Conference (1993).

    Insurance Company Presentations
    Delivered multiple presentations to insurance claims examiners and adjustors on a variety of legal issues, including design professional negligence, premises liability, and products liability.


    MEMBERSHIPS

    • Ohio Association of Civil Trial Attorneys
    • Ohio State Bar Association
    • Columbus Bar Association

    NOTABLE EXPERIENCE

    John was the first Vice President of Marketing for the Ohio Bar Liability Insurance Company in 1980.  He was also the Finance Director for the Merit Selection of Judges State Constitutional Ballot Issue Campaign in 1979 and in 1987.