Court rules in attorney-fees case

Staff report

WARREN

Ohio’s 11th District Court of Appeals has ruled that it cannot decide whether a Warren attorney should share in attorney fees from a record jury award made in a medical malpractice case.

The appeals court’s decision supports an earlier decision by Judge Peter Kontos of Trumbull County Common Pleas Court.

The ruling says the court will not require Atty. Martin F. White of Warren to share legal fees with Atty. Roger R. Bauer from the jury award in the Haley Cobb case.

“The law is well established in Ohio that the sole venue for resolution of legal-fee disputes between lawyers in different firms is mediation and/or arbitration by a local bar association or the Ohio State Bar Association,” the ruling said.

Cobb and her family sued the staff and doctor who delivered her in 2000 at Trumbull Memorial Hospital for malpractice after the girl was born with brain damage.

In December 2010, a jury awarded the Cobbs of Leavittsburg a record $13.9 million award after a 15-day trial.

Bauer filed suit in October 2011, claiming breach of contract and unjust enrichment and requested that legal fees be split between him and White 50/50. Bauer argued that he should get half of the fees because he had referred the case to White.

Atty. Michael Rossi, who represents Bauer, said it’s likely Bauer will want to appeal the 11th District Court’s ruling to the Ohio Supreme Court.

Mediation is pending at the Ohio State Bar Association until the appeals are being heard, Rossi said, adding that the matter will likely take much longer to resolve.