Description Ohio State Bar Association NON-PROFIT ORG. Columbus, Ohio Permit No. 603 U.S. POSTAGE PAID In the early morning hours of March 2, 2007, a bus carrying players and coaches of Bluffton University’s baseball team was traveling to a baseball game in Bluffton Bus Crash: Florida when the driver apparently mistook an exit ramp off of Interstate 75 near Atlanta, Georgia for the roadway and the bus flipped off an overpass onto Start to Finish the roadway below. The result was that five Bluffton players, the bus driver and his wife were killed in the accident and numerous other players and coaches were injured. This is the story of the litigation that followed, from start to finish. Course planners CLE Ohio State Bar a s s o c i at i o n cle Columbus, OH 43216-6562 Janine Avila; Connelly Jackson & Collier LLP; Toledo Return Service Requested Steven Collier; Connelly Jackson & Collier LLP; Toledo May 31 P.O. Box 16562 Columbus (Live and via Webcast) To register Live via Simulcast to: Mail: OSBA CLE, P.O. Box 16562, Columbus, OH 43216-6562 Phone: (800) 232-7124 or (614) 487-8585 Akron Fax: (614) 487-8808 Cleveland The Hilton Garden Inn, 6165 Levis Commons Blvd., 43551 Bluffton Bus Crash: Ohio State Bar Association, 1700 Lake Shore Dr., 43204 Sinclair Community College, Sinclair Center, Building 12 Online: www.ohiobar.org Door: Call in advance to confirm date, time, location and space Dayton availability. Perrysburg John S. Knight Center, 77 E. Mill St., 44308 If you require special accommodations, please call OSBA Start to Finish The Ritz-Carlton, 1515 W. 3rd St., 44113 member services at (800) 232-7124. Payment must accompany registration. May 31, 2012 To save 444 W. Third St., 45402 Group Discount: Three or more from the same firm or office registering for this program receive $25 off each registration. 3.0 New Lawyers excluded. (Registrations must be submitted at the same time.) Perrysburg Cleveland Columbus Membership: OSBA members save an average of 25 percent on Dayton total CLE hours Akron CLE. If you are a nonmember, join at www.ohiobar.org/join and start saving today! Bluffton Bus Crash: Start to Finish Registration 12-163 8:00 Registration • Three layers of coverage totaling $21 million dollars OHIO ATTORNEY NUMBER ADMISSION DATE 8:30 Setting the Scene: Litigation Strategy • Difference between liability and insured NAME This segment will focus on the initial efforts taken to preserve • Who is an insured? the evidence, determine potential defendants, identify • The legal argument FIRM insurance coverage, filing the initial complaint and organizing a plaintiffs’ group to focus on a strategy for litigation and • Where and when to file ADDRESS claim resolution. • Appellate process: a cooperative effort • The tragedy • The brief CITY STATE ZIP • Multiple claims—multiple attorneys • Oral argument: Supreme Court of Ohio • Preservation of evidence PHONE FAX • Jurisdictional issues on liability and coverage cases • Motion for reconsideration E-MAIL • Determining potential defendants Steven R. Smith; Connelly Jackson & Collier LLP; Toledo o NEW ADDRESS • Identifying insurance coverage Adam S. Nightingale; Connelly Jackson & Collier LLP; Toledo Select location • Strength in numbers • Organizing plaintiffs’ group 11:00 Resolution Without Revolution May 31 o Akron o Cleveland o Columbus • Division of tasks liability overage After an additional $21 million dollars in insurance coverage became o Dayton o Perrysburg • Filing complaint available, the job of resolving multiple claims still existed. This segment will describe how agreement as to all injured parties through • Tolling agreement varying distributions was reached. Steven P. Collier; Connelly, Jackson & Collier LLP; Toledo Select tuition • The approach Member Nonmember Jennifer Smith; Connelly, Jackson & Collier LLP; Toledo • Mediation preparation Pre-registration: o $185 o $231 • Paralegal involvement: coordinating, corralling and constant 9:15 Setting the Scene: Litigation Strategy collector Walk-in registration: o $210 o $256 • Total payout and distribution Gov’t attorneys: o $157 o $231 Within the first two years, a partial resolution of the case was reached with the direct insurers for the bus company as well Steven P. Collier o Group Discount as the Georgia Department of Transportation. The focus will Jennifer Smith be on how this was accomplished, while preserving the ability to proceed with other aspects of the litigation. • GDOT $3 million dollars: statutory limit 11:30 Questions and Discussion Not attending? 11:45 Program Concludes • Bus company $5 million dollars coverage Order the DVD/Book or Course Book • Individual driver policy: coverage case o $100 DVD/Book o $55 Book • Damages exceed initial coverage • Partial settlement and crafting of release Webcast (Payment includes 6.75 percent sales tax and $5 shipping.) • Division and distribution of $8 million dollars without Registration online ONLY mediator www.ohiobar.org/webcasts to register (for self-study CLE credit) Payment options Janine T. Avila; Connelly, Jackson & Collier, LLP; Toledo Member Nonmember Total Amount: $_________________ 10:00 Break $215 $261 o Check or o Credit Card Payable to: Ohio State Bar Association 10:15 Second Wave: Bluffton University Insurance Policies Cancellation policy o Mastercard o VISA o Amer. Exp. The first wave of settlement did not provide sufficient funds Cancellations received by 5 p.m. the business day prior to the program will Account No._____________________________ Expiration Date _________ to fully compensate the wrongful death and personal injury be refunded less a $25 office fee. Those not attending will receive the course claims arising out of the crash. This segment describes the Signature ___________________________________________________ materials in full consideration of tuition paid. story of the insurance coverage litigation that ultimately was resolved by a decision of the Supreme Court of Ohio.
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