Mary McWilliams Dengler, Esq.

PRACTICE AREAS:

• General Litigation
• First and Third Party Insurance Defense
• Product Liability

REPRESENTATIVE EXPERIENCE:

• Experienced attorney in the areas of First and Third Party Insurance Defense, Insurance Coverage, Product Liability, Real Estate Professional Liability, and Personal Injury.
• Tried multiple personal injury and premises liability cases involving serious injury and death.
• Successfully prepared and argued many cases at the Appellate level, including the Ohio Supreme Court.

SELECTION OF SIGNIFICANT CASES:

• Thomas Bonasera Administrator of the Estate of Cecil McDaniel v. Richard Turriel, Tried to a defense verdict and protected judgment in the Court of Appeals of Ohio, Tenth Appellate District. Plaintiff had brought a landlord negligence claim against the Defendant alleging the Defendant failed to maintain the premises and failed to maintain smoke detectors thereby causing the death of decedent, Cecil McDaniel.
• Jenkins v. James B. Day & Co., Successfully defended a product liability wrongful death claim brought against the James B. Day Co. This product liability claim arises out of the death of a young woman and was based upon alleged inadequate written warnings accompanying the product. The young woman allegedly inhaled methylene chloride. The case was originally dismissed on Summary Judgment and ultimately appealed to the Ohio Supreme Court, which held that the Federal Hazardous Substance Act, which governed the subject product, provided a limited preemption of state law in the area of labeling of hazardous substances. On remand the case was tried to a defense verdict. Jenkins v. James B. Day Co. (1994), 69 Ohio St. 3d 541.
• Remington v. Triplett, Summary Judgment granted in the Court of Common Pleas and upheld in the Court of Appeals of Ohio, Fifth Appellate District in favor of Defendant the Cincinnati Insurance Company. The Court found the insured expressly and knowingly rejected UM/UIM coverage and therefore the Cincinnati Insurance Company had no obligation to provide such coverage.
• Wolfe v. HER, Inc., Successfully defended in trial, breach of contract claims, negligence claims, and punitive damage claims brought by Plaintiff against Defendant HER, Inc. and Defendant real estate property manager.
• Gallihugh v. United Skates of America, Summary Judgment granted in the Court of Common Pleas and upheld in the Court of Appeals of Ohio, Tenth Appellate District in favor of the Defendant United Skates of America. The Court determined the Plaintiff assumed the risk of injury as set forth in O. R. C. 4171.09 and 4171.10.

EDUCATION:

• University of Toledo, College of Law, J.D. 1986
• LeMoyne College, Syracuse, New York, B.A. 1983

BAR ADMISSIONS:

• Ohio, 1986
• United States District Court, Southern District of Ohio, 1987

PUBLICATIONS:

• Insurance Coverage for Ohio Employment Claims, 1998, National Business Institute Publication.
• Trying the Soft Tissue Injury Case in Ohio, 1998, National Business Institute Publication.

Practicing: General Litigation, First and Third Party Insurance Defense, Product Liability