Edward G. Hubbard, Esq.

PRACTICE AREAS:

• Personal Injury Defense
• Food Service Liability
  • Certified in Food Safety Management
  • 1989, 2006
• Medical Malpractice
• Premises Liability
• Appellate Practice

REPRESENTATIVE EXPERIENCE:

• PERSONAL INJURY DEFENSE: Defended dozens of claims from first notice through trial, and defended verdicts on appeal, involving a wide range of wrongful death claims and personal injury claims (including amputations, traumatic brain injuries, disfigurement, and permanent impairment injuries) arising from auto and truck collisions, claimed defective products, and toxic exposure.
• FOOD SERVICE LIABILITY: Applied culinary background and ServSafe certification in food safety management to defend a variety of food service operations in claims arising from food-borne illness, foreign objects, and claimed hazardous premises. Secured appellate decision in 10th District of Ohio affirming requirement for plaintiff to introduce medical evidence linking claimed illness to consumption of the product in question.
• MEDICAL MALPRACTICE: Represented cardiologists, thoracic surgeons, podiatrists, orthopedic surgeons, chiropractors, obstetricians, emergency medicine physicians, general practitioners, transplant surgeons, anesthesiologists, and other medical providers in a variety of malpractice and wrongful death suits. Extensive experience in the cross-examination of plaintiff’s retained standard of care, proximate cause, and economic experts.
• PREMISES LIABILITY: Handled virtually every permutation of premises liability, including claims arising from potholes, floor claims (including produce, ice cream, oil, orange juice, unidentified liquid, soap, cube ice, snow, and tracked-in ice and snow), open trenches, personal injury from shopping carts, carbon monoxide exposure, inadequate lighting, door mats, doors, leaking coolers, curbs, ADA non-compliance, and defective seating.
• APPELLATE PRACTICE: Briefed 24 matters and presented oral argument 16 times in several Ohio appellate districts, the Sixth Circuit Court of Appeals, and the Ohio Supreme Court.

SIGNIFICANT CASES:

• McCoy v. Kroger, 2005 Ohio App. LEXIS 6279 (Trial court properly determined that a trench into which an invitee stepped as he was exiting his tractor trailer was open and obvious. The invitee admitted that he was not looking at the ground while exiting, and while it was dark outside at the time, this fact should have increased, not decreased, the degree of care the invitee exercised)
• McCabe v. Janis, 2004 Ohio App. LEXIS 2226 (Trial court properly entered jury verdict for podiatrist in patient’s action for injuries allegedly suffered from a cold therapy device applied after surgery; expert who lacked expertise had nothing to offer, and his testimony was properly excluded)
• Temple v. Fleetwood Enters., 2005 U.S. App. LEXIS 9992 (Motor home and engine manufacturers were entitled to summary judgment in consumers’ action under Ohio Consumer Sales Practices Act and Lemon Law, and Magnuson-Moss Warranty Act; there were never more than two repairs for any one defect and no defect remained after warranty period)
• Robson v. Allstate Ins. Co., 2001 Ohio App. LEXIS 4193 (The trial court was correct in granting judgment for the insurer. There was no coverage under the main policy by operation of the policy language and the policy provisions were not ambiguous or contradictory. In addition, the appellate court found that the policy’s language had properly followed the allowable exclusions of Ohio Rev. Code Ann. § 3937.18 and that it appeared to be the specific intent of the Ohio General Assembly to allow insurance carriers to contractually limit their exposure)
• Home Ins. Co. v. OM Group, Inc., 2003 Ohio App. LEXIS 3315 (The court did not err in requiring insureds to prove policy coverage. As the insureds failed to show property damage, there was no coverage for asserted loss and no duty to defend. Summary judgment for the insurers was proper.)

EDUCATION:

• Case Western Reserve University School of Law, J.D., 1996
• Miami University, B.A., 1988

BAR ADMISSIONS:

• Ohio, 1997
• United States District Court, Southern District of Ohio, 1999
• United States District Court, Northern District of Ohio, 2006
• United States Court of Appeals, Sixth Circuit, 2004

PROFESSIONAL AFFILIATIONS:

• Columbus Bar Association
• Ohio State Bar Association
• Defense Research Institute (Appellate Advocacy, Trial Tactics, Product Liability and Professional Liability Committees)
• Member Central Ohio and Ohio Restaurant Associations
• Graduate, National Institute for Trial Advocacy Trial Institute

COMMUNITY AND CIVIC INVOLVEMENT:
Advisor, Upper Arlington High School Mock Trial Team

Practicing: Insurance, Professional Negligence