Firm News

News about our firm and from around the Subrogation World

RMI ADDS NEW SHAREHOLDERS AMANDA MARTANOVIC AND DUSTIN SMITH IN THE NEW YEAR!

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Attorneys Amanda Martanovic and Dustin Smith have been named as new shareholders at Roberts, Matejczyk & Ita (RMI).  

 “Our firm and clients have been well served over the past years by Amanda and Dustin’s diligent work ethic, knowledge of the law and commitment to excellence. The promotion to shareholders is a well-deserved step in their careers and marks an exciting development in RMI’s continued growth in the insurance subrogation field,” noted RMI managing shareholder Glenna Roberts.

Attorney Amanda Martanovic

Attorney Amanda Martanovic has led the auto subrogation division at RMI for the past several years.  

 In addition to managing a team of experienced counsel and legal assistants, Amanda has litigated cases in every county in Ohio. Throughout the years, Amanda has successfully litigated various types of subrogation claims with a focus on automobile cases. Her cases have involved complex issues that relate to underinsured and uninsured motorist claims, medical payments, parental liability, rental/loaner car liability, trucking, and coverage disputes.

Amanda has been recognized nationally in the subrogation industry. For the past four years, the National Association of Subrogation Professionals (NASP) selected Amanda as an Automobile Track Leader for the association’s national conference. In that capacity, she oversaw the annual conference auto subrogation sessions and assisted with program curriculum. Amanda has also been a past presenter on automobile subrogation topics at the annual conference. She holds a CSRP designation from NASP, awarded to industry professionals who have met stringent academic and experience requirements followed by passing a comprehensive examination of subrogation topics.

Amanda obtained her undergraduate degree in Political Science and History from Miami University. She obtained her J.D. from Cleveland State University, Cleveland-Marshall College of Law in 2014. Prior to joining RMI, Amanda interned in the City of Cleveland’s Law Department assisting with various cases including property damage claims.

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ENTERING THE HOME STRETCH, 2022 PROPERTY SETTLEMENTS UPDATE:

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FIRE, WATER AND COLLAPSE CASES WITH IMMEDIATE SITE VISITS LEAD TO LARGE LOSS 2022 RECOVERIES

 

As RMI’s property division enters the 2022 home stretch, the firm has resolved by settlement a series of large loss recoveries on fire, explosion, water loss and collapse cases. Taken together the recoveries have resulted in millions of dollars in recoveries for clients.

The property division of RMI not only contains seasoned and respected subrogation counsel, but two members of the property division, including counsel and a recent addition to the support staff, are engineering graduates of the Ohio State University. 2022 highlights to date:

2022 Explosion Recoveries

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$614,974.00 Recovered on Three Consecutive Spontaneous Combustion Fires - Same Product and Fact Patterns!

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During the last five months, RMI recovered $614,974.00 on three spontaneous combustion fires, each in a different part of Ohio, but all involving the same product and fact patterns.

All three fires were initially believed to be related to other causes, but later determined to be the result of improper use of staining products.

Two of the losses were during the final phase of construction projects.  All three cases involved Minwax brand staining products.  In all instances the manufacturer’s warning and instructions as to proper use and rag disposal were not followed.

The first recovery involved a $204,974.00 settlement in eastern Ohio (Trumbull County) involving an extensive office remodeling project.  The settlement was close to the total recoverable loss.  Initially, the fire was believed to be related to an electric heater in the origin area.  A review of burn patterns, systematic ruling out of an electrical failure, and the evidence of staining being accomplished in another area of the building shifted the focus.

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RMI Presentations on Product Liability at NASP “Virtual” Spring Conference

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Product liability was the theme of this past month’s National Association of Subrogation Professionals Spring Conference. The conference, originally scheduled to take place in Nashville, Tennessee, was converted to a virtual conference.

RMI Attorney Dustin Smith, along with Mike Jacob, PE of Veritas Engineering presented a program on Cost-Effective Investigations of Product Liability Claims Involving Plumbing Products and Appliances.

RMI Attorney David Matejczyk, along with defense Attorney Tracy Knox of Barnes & Thornburg presented a program titled “Chess Match...What are They Thinking? Plaintiff and Defense Perspective on the Product Liability Loss.”

Product Liability Claims Involving Plumbing Products and Appliances

The presentation by Dustin Smith and Mike Jacob reviewed common water-based product failures in both the residential and commercial context. The presentation examined current trends and failure modes in brass fittings, polybutylene and cross-linked polyethylene hoses and other plumbing products.

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RMI $651,335.00 SUBRO VERDICT UPHELD BY OHIO APPELLATE COURT

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March 16, 2020

In a unanimous decision, the Ohio 10th Appellate District has upheld a $651,335.00 jury verdict in favor of a subrogated insurer and its insured. The case, COMTEX, et al. v. Turner / PSC Metals was tried in the Franklin County Court of Common Pleas, and argued in the appellate court by RMI Attorneys Glenna Roberts and Dustin Smith.

The February 20, 2020 ruling upheld a verdict that had been challenged in post-trial motions and then on appeal since the verdict was rendered back in 2017. The original verdict after a four day trial involved a commercial subrogation claim asserting a large nationwide metal recycling corporation had wrongfully converted product belonging to the insured.

The appellate court ruled that the trial judge properly decided a duty to mitigate instruction was inapplicable under the facts of the case. The opinion noted “the duty to mitigate arises only where the injured party has knowledge that it has sustained damages.” The court also held that under Ohio law, contributory fault is not available as an affirmative defense in a conversion case. The appellate court further ruled the trial court did not err in denying the defense motions for judgment notwithstanding the verdict and for a new trial.

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RMI SETTLES $550,000.00 GAS EXPLOSION CASE: Second large loss gas explosion settlement in back to back months

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RMI in back to back months has recovered by way of settlement two significant six digit gas explosion cases.

This past month the firm settled a natural gas explosion that destroyed an insured’s commercial building in Columbus, Ohio. The previous month RMI resolved a residential explosion that completely destroyed a home. On both losses, the firm was retained within twenty-four hours after the explosions.

The $550,000.00 commercial building settlement was very close to the calculated actual cash value of the loss.

Despite being on site immediately, there was “catch up” involved as the gas company had already commenced return to service repairs.

The loss involved a main gas line servicing several city blocks. Luckily, an evacuation of the insured’s building occurred minutes prior to the blast that rocked the downtown area. The blast destroyed the insured’s building and displaced multiple commercial tenants.

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RMI OBTAINS $651,355.00 JURY VERDICT ON SUBRO PROPERTY LOSS

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After a four day trial, a Franklin County, Ohio jury issued a verdict in favor of a subrogated insurer and its insured, awarding damages in the amount of $651,355.00.

The case, COMTEX, et al. v. Turner / PSC Metals, was tried by Roberts, Matejczyk & Ita attorneys Glenna Roberts and Dustin Smith.

The $651,355.00 award was the exact amount requested in closing by Attorney Roberts.

The subrogated insurer and insured successfully argued that the defendant, a large nationwide scrap metal company, had wrongfully converted product belonging to the insured. The defendant made only a nominal offer prior to trial. The case involved expert testimony as to standards of care in the industry and valuations.

On the fourth day of trial, the case went to the jury, who deliberated for two hours before making the award. A motion for prejudgment interest has been filed.

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ATTORNEY DUSTIN SMITH JOINS RMI - Brings Engineering Background to Firm

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Dustin Smith has joined Roberts, Matejczyk & Ita Co. as an associate attorney.

“Dustin brings an engineering background that makes him a natural fit to the property section of our subrogation practice,” noted partner Glenna Roberts.

He will primarily work on subrogation assignments from insurers involving commercial and residential fires, cases involving electrical and mechanical failures, water losses, construction defects, structure failures and product liability claims.

Dustin is a 2014 graduate of Cleveland Marshall College of Law and a 2010 graduate of the engineering program at the Ohio State University. At Ohio State he obtained his bachelor degree in Aeronautical and Astronautical Engineering. He was a member of the university’s freshman Engineering Honors Program.

His engineering studies included extensive course work in electrical circuits, structural stress analysis, fluid dynamics and thermodynamics. While in college, Dustin also worked for a construction company in Columbus, Ohio.

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