Firm News

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

Attorney Amanda Martanovic

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

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

The National Association of Subrogation Professionals will hold their 2022 Annual Conference, “Come to the Island” from November 6 through November 9, 2022, at Marco Island in Florida.

Industry professionals will be presenting informative and timely topics in the Auto, Property, Product Liability, Health, and Workers Compensation areas of subrogation. 

RMI Attorney Amanda Martanovic was again chosen to be a track leader for the Auto Track portion of the conference, representing her fourth straight year to do so.  In that capacity, Amanda has helped coordinate a thorough and informative curriculum on automobile subrogation.

Amanda leads the auto subrogation division at RMI.  In addition to overseeing a team of experienced counsel, legal assistants and collectors, Amanda has litigated automobile cases in every Ohio county.   

Amanda holds an NASP Certified Subrogation Recovery Professional (CSRP) designation. The designation is awarded to subrogation industry professionals who have met stringent academic and experience requirements, followed by passing a comprehensive examination of multiple subrogation topics.

The Ohio Supreme Court this summer modified its Rules of Civil Procedure as it relates to discovery practice. Ohio Civil Rule 26 was overhauled to more closely track the federal rule, with some special nuances, and requires more uniformity among the 88 counties and their courts.

Although many of the local rule requirements remain in effect, here are some changes now applicable state wide to all cases filed in Ohio:

Initial Disclosures and Discovery Plan. The new rules impose on the parties the affirmative duty to make “initial disclosures” quickly, no later than the first pretrial or case management conference. Unless privileged or protected from disclosure, the requirement is to disclose without a discovery request the following:

►The name and, if known, the address and telephone number of each individual likely to have discoverable information – along with the subjects of that information – that the disclosing party may use to support its claims or defenses.

►A copy of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses.

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.

RMI partner David Matejczyk was invited by Claims Magazine and sponsors of the ACE annual conference as a guest speaker at the annual ACE Conference held June 20-22, 2017 in Charolotte, North Carolina.

Dave was asked to present the topic “Maximizing Property Subrogation Recoveries: A Study of Current Subrogation Trends” to claims managers and professionals from across the country. The presentation covered not only trends in the industry, but a discussion of the role of the claims professional in the subrogation process.

 “It was enjoyable to not only address the claims side of our industry, but also having the oportunity to meet in person individuals who have been on the other side of multiple subrogation cases I have litigated througout the years,” noted Matejczyk. The session included an interactive dialoge as to the importance of front line adjusters and their initial involvement in the subrogation process. A formula and model used by many insurers on large claims was presented.