Firm News

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.

RMI recently resolved three dehumidifier fires with an aggregate recovery of $462,000.00 in settlements. The losses involved fires in southern, central and western Ohio.

Although the losses involved two different foreign manufacturers, all involved the same failure mode. In all three fires the dehumidifiers overheated, ignited combustible materials within the product with fire then extending to adjacent combustibles.

More specifically as to the product defect, each case involved an internal failure of the thermal protection device in the dehumidifier.

Dehumidifiers have been the subject of wide recalls in the United States. However, the Ohio Rules of Evidence do not permit the introduction of a recall into evidence to prove liability. An additional challenge is that the manufacturers involved are foreign corporations.

On all three losses RMI was involved in the early stages. The firm ensured that the proper entities (including the US supplier and seller) were on notice, scene preserved, that an NFPA compliant joint scene exam was held followed by a forensic lab examination to identity the failure mode.

RMI Attorneys Amanda Martanovic and Glenna Roberts were presenters at a popular session in November during the 2017 NASP Annual Conference held in Austin, Texas, titled “Anatomy of an Auto Subrogation Trial.” The unique program involved a mock automobile subrogation trial where attendees played the role of jurors during the program.

Attorney Martanovic represented the insurer as the plaintiff’s subrogation counsel. In her role, she presented an opening statement, cross and direct exam of witnesses, and closing arguments. Attorney Glenna Roberts acted as judge during the trial, ruling on objections and instructing the jurors prior to deliberations.

The trial involved subrogaton professionals from the industry serving as trial witnesses (insureds, adjuster and fact witnesses). In this formidable battle between the parties, liability was evaluated, damages were dissected, and the credibility of witnesses was assessed. At the conclusion, the jury was instructed and deliberated before rendering a verdict that was then discussed at length.

Amanda Martanovic leads the auto subrogation department at RMI. She has litigated multiple automobile cases throughout Ohio. Glenna Roberts is a founding partner at RMI.

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.

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.

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.