Steve Magas – Attorney At Law

SIGNIFICANT CASES

I have been practicing law in the State of Ohio since 1982.

My first job was, to me, a dream gig – working as a law clerk in the 12th Appellate District for The Honorable Richard N. Koehler. “Judge K” was the perfect first “boss” for me. He gave me the leeway to write the way I wanted to write. Often, my “draft” opinions would be published by the court virtually as I wrote them. Clerking for an appellate court was a tremendously satisfying experience and allowed me to read and analyze the trial transcripts, from start to finish, of more than 100 trials! One case, Freeman v Beech Aircraft, was the longest trial in Butler County history at the time & I spent most of a summer reading, highlighting, and organizing the 3500+ page trial transcript before drafting a 60-page opinion for Judge K on issues relating to Ohio’s relatively new products liability law.

After my clerkship with Judge Koehler I  started my career in private practice with a small law firm on the west side of Cincinnati with a very long name – Carroll, Bunke, Henkel, Haverkamp & Smith. While I was young and did work for all the partners, my time working with Tom Smith was extremely beneficial. Tom was an experienced civil litigator who had also been in the US Attorney’s office. He allowed me to work on a number of bigger cases – taking depositions, drafting and arguing motions and participating at trial. On Day 1 he said “Let’s go, we’re going to trial” and I sat “2nd chair” on a case where a drug store gave the wrong medication to a baby.  Most new lawyers are relegated to the end of the bench during their early years, but Tom tossed me into the fray and was an active mentor while allowing me to obtain valuable in-court trial experience.

Steve was appointed as Assistant Special Prosecutor:

• State v. Joseph DeCourcey – Back in the late 1980’s  Tom Smith was appointed  Special Prosecutor in an investigation of the Hamilton County Auditor’s Office.  Tom brought me in as an Assistant Special Prosecutor. As a result of an exhaustive investigation involving the review of more than 100,000 documents Joe DeCourcey, the former Auditor, was charged with over 200 counts of criminal wrongdoing in five different categories of charges.  One claim involved the letters “FOJ” handwritten on documents relating to properties which had had their tax values lowered. These letters were claimed to represent “Friends of Joe.”  Decourcey later plead guilty to five counts – one in each category of crimes – which insured that he would never again hold public office. The investigation brought to light numerous inappropriate practices in the Auditor’s office including the intentional under-valuation of real estate throughout the county that was costing taxpayers millions of dollars in tax revenue each year. The investigation revealed the complete lack of transparency, procedures and controls for reviewing property owner requests for lowering property values. We also discovered the falsification of county employee records which made it LOOK LIKE employees were in the office working when they were in fact sent out to work on Mr. DeCourcey’s wife’s public television project. As a result, the office was completely overhauled and the systematic undervaluation of real estate was stopped.

After leaving CBHH&S, I  worked for a variety of small to medium-sized law firms handling a very diverse variety of civil matters – I handled mostly injury/death claims but also took to trial claims involving  contract disputes, legal & medical malpractice claims, and more. I worked as In-House Trial Counsel for CIGNA Insurance, learning how insurance companies think and act from the inside!  I also worked for an aggressive insurance defense law firm, working with 20+ insurance companies. During those years, I kept my “bicycle law” practice alive as well. I ran the Cincinnati office of Wolske & Blue, a statewide law firm handling injury and death claims. At one point W&B had more than 1000 injury claims percolating at one time throughout the state!

I have been lead trial counsel in hundreds of lawsuits throughout Ohio.  I have tried to many cases to verdict in many counties including Hamilton, Butler, Clermont, Warren, Clark and many others.  My cases have included Wrongful Death and serious injury cases involving brain damage, fractures, back fractures, disk injuries, nerve damage and more.

All of my law firm and insurance experience prepared me well for 2009 when I opened my own solo practice. At that point the “Solo/Virtual” lawyer was a very novel concept. However, my experience on the tech side as an early adopter of computers and legal software combined with my experience handling 1000s of complex injury and death claims throughout the state prepared me very well for the Solo/Virtual life. Today our practice has cases percolating from Cincinnati to Cleveland – Bellefontaine to Marietta – Columbus – Mansfield – Portsmouth – Toledo!

In addition to wrongful death and injury cases, my litigation background includes handling Civil Rights cases, Will Contests, Insurance Bad Faith claims, Medical, Legal and Accounting Malpractice Cases, and Trade Secret litigation.

Call [513-484-2453] or write [Bikelawyer@me.com] TODAY for a FREE CONSULTATION about YOUR case!

Steve’s Bike Law Practice –

I have handled more than 500 “bike cases” – representing riders injured in crashes caused by negligent motorists, loose dogs, road or trail problems and frame or component failure.  I have handled cases from the most simple to the highly complex, including cases involving broken bones, scars, torn rotator cuffs, broken backs, herniated or bulging discs, knee injuries, hand injuries, nerve injuries, spinal cord compression, catastrophic loss, brain injury/concussion, TBI and death.

I also work as an advocate for cycling, working for free on public interest cases, lobbying and writing articles on “bike law” for numerous publications.  My “Bike Law” practice has been recognized nationally by Lawyer’s Weekly USA and locally in the Cincinnati magazine, Cincy Business magazine and by the old Cincinnati Post [WAY back in 1998].

A few of Steve’s more memorable bicycle cases are described below.

• Tony Patrick v. Lawless, et al. – Tony Patrick was riding his bicycle in southeast Ohio with a young club rider.  They were both experienced, fit amateur racers who had ridden these roads every week as part of a regular, fast Tuesday Night Ride.  On this day, they were tired, having ridden a long ride the day before, so they let the pack go and came in on their own.  A Deputy Sheriff saw them riding into Chesapeake, Ohio and began to interact with the two riders.  There is quite a dispute, factually, over what happened.  The story was told in great detail by Bob Mionske in Bicycling Magazine’s legal blog and ended with Tony being Tasered by two different officers, attacked with a baton, arrested and charged with serious crimes.  Fortunately, the criminal case resolved favorably.  Steve represented Tony in a civil rights case filed against the arresting officers and their bosses.  We alleged False Arrest, Assault, Battery and violations of federal law stemming from the arrest and  excessive force.   After a year of discovery, we were able to reach an amicable, and confidential, settlement.

• Doe v. ABC Bicycle Co. – Confidential Settlement – Steve was asked to represent a Florida physician who suffered a brain injury which prevented him from practicing medicine when his bike fell apart after hitting a curb.  Experts determined the frame was defective.  Steve brought in local trial counsel and was co-counsel in a products liability claim against a well-known U.S. bicycle manufacturer.  After several years of litigation a confidential settlement was reached on the eve of trial.

• Doe v. XYZ Bicycle Co. – Confidential Settlement –  Steve was asked to represent a New Jersey rider who suffered severe facial injuries when her bike, a custom made bicycle and one of the most expensive in the world at the time, fell apart as she rode out of her driveway.  Steve worked with local counsel in product liability litigation.  Steve’s experts determined the cause to be the bike company’s use of the wrong sized head-set and the company paid a significant confidential settlement.
• Doe v. XY Insurance & John Roe – $2,250,000.00 – Steve was called into a case in which a cyclist was catastrophically injured from head to toe when he was struck by a Jeep that was trying to pass him. The insurer DENIED the claim while the client was still in a coma based on “eyewitness” testimony of two guys who said the cyclist “turned into” the passing Jeep. Steve asked attorney Chris Carville to assist and the two conducted an extensive factual investigation that revealed that, perhaps, the two “eyewitnesses” did not see as much as they claimed to have seen. Further, they discovered that the two witnesses may have influenced the motorist’s recollection of events. Additional forensic digging turned up text messages on the motorist’s phone that appeared to have been received and sent at the time of the crash. After two years of denials and hard fought litigation, the claim settled at Mediation a few weeks before trial.
• Doe v. XY Contractor and YZ Insurer – $1,000,000+ –  Steve was called into this  Kentucky crash in which an underinsured home contractor made a left turn in a pickup truck across the path of an oncoming cyclist causing a violent crash which led to severe, catastrophic injuries. Steve called in attorney Chris Carville, a Kentucky lawyer & cyclist. Steve handled the matter pro hac vice with Attorney Carville. Treatment of the extensive injuries was complicated by Covid protocols which prevented the client’s spouse from being in the room while the brain injured client spoke with treating doctors! Under Kentucky’s insurance system we were able to “stack” the client’s Uninsured/Underinsured Motorist coverage and obtain an excellent result.

• Dr. H v. ABC Insurance – Confidential settlement.  Steve represented a physician who suffered a dangerous neck fracture when a motorist pulled out of a driveway in front of him.  The cyclist required neck fusion surgery and lost several months of work from his medical practice.  The motorist only had state minimum coverage, but Steve was able to tap into the physician’s uninsured/underinsured motorist coverage as well as his “umbrella” coverage to secure a substantial settlement that fully compensated his client.

• Hall v. XYZ  Pizza – $250,000.00 settlement.  A 52 year old active rider was injured when an 18 year old boy driving his dad’s Ford Expedition while delivering pizza for a national chain turned left in front of him.  The cyclist’s injuries included a significant leg injury requiring surgery.

• City of Trotwood v. Selz, Steve represented cyclist Steve Selz in a traffic case in which Selz was ticketed for “impeding traffic.”  Steve organized a very public response to the prosecution, involving the Ohio Bike Federation, publicizing the case, publishing the pertinent court documents online, including the entire trial transcript, and taking the case to the court of appeals.  [www.ohiobike.org]. An important victory for bicyclists was achieved when the appellate court reversed the conviction and held that bicycle operators have a legal right to use the roadway and can not be banned from the roads or ticketed for “impeding traffic” when they are traveling at a reasonable speed for a bicycle.  The case further serves as a model for soliciting community involvement in important cases.

• John Doe v. ABC Corp – Steve’s client was a pedestrian, not a cyclist, this time.  A rather odd pedestrian, though.  John Doe was working for a company that had a contract to replace all the reflectors you see in freeway lanes.  He was basically walking from Lexington, KY to Cincinnati, OH, with a road crew, popping out the old reflectors and installing new ones.  As he bent over a pick up truck came from behind and ignored the numerous warning signs and vehicles.  The bumper of the truck struck the client’s head, causing a very serious brain injury.  The client underwent life saving surgery in Lexington then came to Cincinnati for more surgery.  The motorist only had $100,000 in coverage.  However, Steve sued the client’s employer was able to make obtain an agreement that the employer’s auto coverage would be used.  The client suffered a permanent brain injury.  A settlement in excess of $1.9 million was obtained and a trust was established to take care of the man and his family for the rest of his life.

Dog Cases

Dogs continue to be a major worry for cyclists.  Steve has handled more the 50 cases in which a dog caused a rider to crash.  Injuries typically include serious shoulder injuries, many of which require surgery.  Ohio has a GREAT dog law that holds the dog’s owner responsible even if the dog never touched or bit the cyclist, and just wanted to play.  Claims against a dog owner are typically covered by most homeowner’s insurance policies.  Steve has handled MANY dog cases in which riders suffered Fractured Clavicles, Fractured Hips, Rotator Cuff Injuries and Facial Injuries.  If a DOG caused YOU to crash, call Steve at 513-484-BIKE [2453] or write for a FREE CONSULTATION today!

Some of Steve’s Significant Wrongful Death Cases Include:

• Estate of Larry Mugrage v. Martin, (June 16, 2008), Clermont County Common Pleas Court.  On March 16, 2006, Charles Martin had a verbal encounter with his 15 year-old neighbor, Larry Mugrage.  The dispute was over whether Larry walked on Martin’s grass.  Martin threatened to kill the boy, then went into his house, loaded a .410 shotgun with deer slugs, and sat at his window, watching Larry play basketball with his friends.  When Larry and one of his buddies started walking back down the quiet suburban street, Martin came out of his house with the gun, pointed and fired at Larry, hitting him.  Larry started to run for his life, but Martin tracked him and shot again, hitting Larry in the back and killing him. Steve represented the Mugrage family in a wrongful death case against the shoooter.  After trial, the family was awarded a judgment in excess of $3,5000,000.00.

• Estate of Russo v. City of Cincinnati, 953 F. 2nd 1056 (U.S. 6^th Circ, 1992)- Steve represented the family of a mental patient who was shot more than 20 times, and TASER-ed several times, by Cincinnati Police Officers when he refused to return to hospital after a 3-hour pass.  Steve was co-counsel for the family of the shooting victim in wrongful death claims against the officers and the City based on state and federal constitutional and civil rights claims, including excessive force and improper training.  Steve argued the case before the United States Sixth Circuit Court of Appeals and helped secure the reversal of the trial court’s dismissal of key claims.  The case later settled on confidential terms.  This 1992 case appears in many textbooks and articles on Excessive Force and Tasers.  It was one of the very first cases in the country to discuss Tasers

• Estate of Burress v. John Doe – A 15 year old boy and his 12 year old buddy were riding two abreast on a 55 mph country road in southwest Ohio.  An 18 yr old boy was driving up behind the two cyclists and recognized the 15 yr old from football practice.  He came right up behind them and honked the horn to startle the boys before moving over to pass.  The 12 yr old, who was hugging the white line, went right and ended up in a ditch.  The 15 yr old  but was struck by the car’s bumper as the car began its passing maneuver too close.  The boy was pitched onto the hood of the car and died from head injuries when he struck the roof before being flipped off onto the pavement.  The police told the boy’s mom that the accident was HIS fault, not the motorist’s fault.  They held the bike up to the front of the car and matched the indentations on the car to damage to the bike.  Using this “analysis” the police concluded that the boy had turned left in front of the car.  I had a world class bicycle accident reconstructionist, Jim Green, take a look at the police report and the bike.  He could tell from the rear wheel damage that the bike had been “rear-ended” BEFORE it was pivoted around and smacked the front of car as police determined.  During the trial the police officer who investigated the accident admitted on cross examination that he was wrong and that my expert was right.  Shortly after that, the case settled.

Insurance Law Practice

• Steve has worked both as in-house trial counsel for a large international insurance company and as an insurance defense lawyer for an aggressive litigation firm.  He has handled fire cases, fraud cases, bad faith cases and more.  A few of his insurance law cases include:
• Clements v. Ohio State Life Ins. Co., 33 Ohio App. 3d 80 –  Case established that an insurance agent could bind the insurance company by telling the potential insured that coverage existed.  Here, an agent told Mrs.  that she was covered.  A short time later the company denied coverage following the discovery of terminal cancer.

• Doe v. ABC Insurance – Steve represented a local builder who purchased a dump truck on the same day as his father [who had the same name as the client] purchased the same make/model of truck.  They both had the same insurance agent and the client’s mother handled the books for both father and son, including notifying the insurer of the truck purchases.  When the client’s truck accidentally jumped out of gear and rolled down a hill, causing property damage and personal injury,  the insurer claimed it had no notice of the son’s purchase and refused to pay the claim, even though it DID have notice of the father’s purchase.  Steve was able to defend the son from numerous lawsuits and claims arising from the incident and then obtain a complete confidential settlement from the insurer covering all the claims plus attorney fees.

Personal Injury and Medical Malpractice –

Steve has handled hundreds of auto accident claims and medical malpractice claims over the past 25 years and has obtained settlements and verdicts in excess of one million dollars.  He also developed significant experience handling medical malpractice claims while running the Cincinnati office of Wolske & Blue.  Some of Steve’s significant personal injury and medical malpractice cases include:

• Silz v. ABC Insurance Co. – $1.9 Million Settlement – Steve represented a young, single father of two who suffered a severe brain injury when struck by a vehicle.  Through a carefully crafted settlement, a trust now provides money for the man’s care, and the care of his children.  The trust also bought a home for the family and the monies obtained will provide a lifetime of benefits for the injured father and his children.

• John Doe v. ABC Hospital – Confidential Settlement.  Steve was co-trial counsel on a medical malpractice claim in which a young child with a rare neurological condition died following surgery.  The claim was that the hospital and surgical or post-surgical team failed to appreciate a change of condition that represented a cardiac event leading to the child’s death.  The case resolved for a significant confidential settlement at mediation and prior to trial.

• Jane Doe v. ABC Hospital – Confidential Settlement.  The client, born with spina bifida, was treated for a broken leg.  A significant bedsore developed due to the hospital’s failure to regularly check on and move the young lady, whose condition prevented her from feeling the sensation of the developing sore.  A significant confidential settlement was negotiated.