Recent Cases
Murray & Murray has been noted for its successes in jury trials on behalf of the physically and financially injured. These have included many jury trials representing individuals and in class actions in the areas of:
We are currently litigating in Fremont against the owner of B&W Welding Inc. for faulty and defective construction that does not meet the standards of the Ohio Building Code. Dave Michaels used, his company, B & W Welding to weld pillars and beams resulting in violations of Ohio law. We represent the homeowner in a case against Dave Michaels for his defective construction. Plaintiff is concerned that the defects make the home unsafe. Plaintiff is concerned that the defective beam may collapse the roof of the foundation causing injury.
Murray and Murray recovered favorable compensation for a teenage boy who suffered a compartment fracture in his right forearm while playing on an inflatable amusement ride. Murray and Murray argued on behalf of the client that the ride operator and owner failed to properly instruct participants on how to properly use the inflatable.
A jury recently awarded Murray and Murray's client approximately ten times what the defendant's insurance company offered prior to the start of trial. The injured party hurt his knee in an automobile accident caused by the defendant. The defendant attempted to argue that the plaintiff's on going pain and disability was a result of arthritis and not the car accident. The jury disagreed. Murray and Murray is pursuing prejudgment interest against the insurance company for their failure to negotiate the case in good faith.
Murray and Murray successfully recovered compensation for employees who claimed they were discriminated against based on race. The plaintiff employees were forced to consistently perform menial tasks that their white counterparts with equal job status were not required to perform on a regular basis. Murray and Murray was able to use the employer's manufacturing records to substantiate the claim and resolve the case to the satisfaction of the employee clients.
We successfully litigated a claim on behalf of a client for breach of contract. The client had contracted to purchase a lawn care business from the defendant. The defendant attempted to renege on the contract after our client had spent a substantial sum of money and energy improving the business. The jury award of $376,000.00 was the exact amount we requested for compensation in closing argument.
We successfully negotiated a wrongful death settlement for the family of a farmer who was killed when his tractor was struck by the defendant's semi-truck. The defendant truck driver stated that the farmer pulled out in front of his semi-truck. We used an accident Reconstructionist to demonstrate that the truck driver's story was untruthful. We also uncovered the fact the truck driver's logs indicated he was not in compliance with regulations dictating how long a trucker can operate his tractor-trailer during any given time period.
On behalf of two badly injured clients Murray and Murray recovered substantial compensation from a tavern for serving a noticeably intoxicated patron who caused a serious car accident on his way home from the bar. We filed what is known as a dram shop action on behalf of the injured parties to recover from the liquor establishment. One of the plaintiffs suffered partial paralysis as a result of the accident. The bar patron who caused the accident had a blood alcohol level over three times the limit permitted in the state of Ohio.
Murray and Murray recovered favorable compensation for two individuals injured when the boat on which they were passengers struck the Cedar point break wall.
Murray and Murray successfully resolved a Long Shoreman's case on behalf of a worker who suffered a shoulder dislocation and rotator cuff tear when he fell at the Sandusky Coal Docks.
We recently recovered substantial compensation for a tug boat captain who was injured when he fell from an elevated pilot house. Murray and Murray filed a Jones Act case against the captain's employer alleging that the pilot house was deficient due to its lack of safety devices.
Murray and Murray recovered considerable compensation for a railroad employee who suffered a closed head injury and multiple fractures. The railroad employee was injured while riding in a company van from a job site to the rail yard. We filed a Federal Employers Liability Act (FELA) case against the railroad who claimed they were not liable because the employee was not engaged in an "operational activity" at the time of the accident. We successfully litigated the "operational activity" issue in the United States District Court.
Class Actions
We recently received an appellate court affirmation of class action status for the recovery of damages for automobile repairs on the undercarriage due to a design flaw resulting in front end clip damages because of a defect in the bumper due to contact with curbs and curb stops.
Commercial
We recently recovered several million dollars on behalf of a union fund for ERISA claims following investment decisions that violated investment standards.
Consumer Protection
A federal judge granted summary judgment in favor of our client for violations of the Fair Debt Collection Practices Act against a NASDAQ listed company for abusive debt collection tactics including failure to send the required statutory notices.
Consumer Protection
We recently participated in a national class action settlement for cellular telephone subscribers who had fixed-rate contracts which the company sought to avoid.
We have been successful in litigation for cramming by a telephone company as to unauthorized third party charges. The cellular phone company was adding unauthorzed cell phone charges to customers' bills. These bogus charges resulted in phony telephone bills.
We have successfully defended motion practice as to a national bank's charges to customer checking accounts.
Breach of Contract
We completed litigation as lead counsel for a national class action and recovered tens of millions of dollars for insurance policy purchasers of life insurance who were victims of life insurance sales scams. The life insurance company made false representations to the consumer in order to sell them ever increasing premium policy charges.
Toxic Torts and Environmental Pollution
In Kentucky, a jury returned a verdict of $218,000,000 for the intentional pollution of the property of class plaintiffs adjacent to a river.
We just completed an environmental litigation case on behalf of a class which started in 1983. After the commencement of two trials, one on liability and damages, and the other on insurance company liability, this matter was finally resolved with a total recovery of more than $30,000,000.
Wrongful Death
We recently recovered jury verdicts against the railroad companies in the amount of $25,000,000; $10,000,000; $3,000,000; $4,900,000; $2,800,000; $1,875,000 and $2,000,000. A jury returned a punitive damage award in one of our railroad cases for $15,000,000.
We recovered over $6,900,000 in a wrongful death case for a laborer.
At the date scheduled for a jury trial in Federal District Court, we settled a wrongful death action last year for the entire policy limits, together with all net equity in a trucking company for $1,750,000.
Serious Personal Injury
We recovered in Oklahoma City on a jury verdict in the Federal District Court on behalf of an injured party in the sum of $17,750,000.
We recovered $7,850,000 in a personal injury, traffic accident case based upon a jury award.
We recently recovered $3,750,000 on behalf of an employee who was injured by the intentional misconduct of his employer.
We recovered on a jury verdict against the manufacturer of an amusement ride in the sum of $2,600,000.
Commercial
In a contract action, we recovered in excess of $20,000,000 for a shareholder.
We successfully maintained ERISA litigation against a medical insurer on behalf of the class of individuals and recovered in 1999, more than $13,000,000 as a result of wrongful discounting practices.
We participated in the recovery of over $20,000,000 on behalf of borrowers using automobiles for collateral from a major automobile manufacturing company.
We recently recovered over $4,000,000 for a class of a group of executives who contended that the company met the target for certain incentive compensation. The case turned on the resolution of a series of complex accounting issues.
A jury recently returned a $5,000,000 punitive damage award against a major automobile manufacturer for abusing the borrower's rights.
In cases against banks, we recently recovered over $25,000,000 for borrowers in one case, and we recovered in excess of $2,500,000 from a bond indenture trustee for failure to monitor a construction project jeopardizing the value of the bonds.
Recently we recovered against a polluter and its insurance company for a temporary fouling of a beach, in the approximate sum of $2,000,000.
Securities- Stocks, Bonds, etc.
We have successfully recovered in many security class action cases on behalf of a class of plaintiffs, including going private transactions of approximately $6,000,000 and of $3,350,000; for penny security violations in the amount of $1,400,000; for proxy fraud in the amount of $5,700,000.
We participated in a recovery of more than $600,000,000 on behalf of shareholders in a security buyout case.
Bad Faith Insurance
After twenty years of arduous litigation, we just completed an interesting action. We had offered to settle a case for $2,000,000 at the time of a successful Ohio jury trial on the issue of liability and damages. A jury returned a $10,000,000 verdict. After an assignment of the causes of action, the subsequent bad faith insurance litigation resulted in a jury verdict of more than $15,000,000. With interest and attorney fees, more than $34,000,000 was finally recovered.
Food Borne Illness
We successfully worked with nationally recognized counsel in a botulism case on behalf of a Ohio client who was sickened by canned food. The manufacturer recalled the product several weeks after our client fell ill, so it was too late to administer an anti-toxin otherwise available from the Center for Disease Control (CDC). As a result of the delay in the recall, this individual continues to suffer from the effects of the poison. We were able to identify the specific neuromuscular test that identified the long-term effects of the poison, which was not detected by physical examination.
Medical Negligence
Our client underwent surgery for what was considered a routine and elective procedure. But an error by the pharmacy at the hospital led to the wrong product being used. As a result of the malpractice by the pharmacy technician, the patient suffered permanent injury. We were able to prove that a software system and a programming error caused the technician to incorrectly believe the product she chose was a generically equivalent. The hospital agreed to compensate our client for the significant loss.
Murray & Murray has litigated cases in federal and state courts throughout the State of Ohio and in federal courts in other areas of the country. Murray & Murray has a very active appellate practice, including a total of over 45 cases before the Ohio Supreme Court. These cases frequently include issues of great social and public importance. Murray & Murray attorneys appear regularly not only in the Supreme Court of Ohio, but also in all appellate districts in the State of Ohio and the Sixth Circuit Court of Appeals of the United States of America, as well as in state courts throughout the United States.
