Mitchell M. Tallan

Mitchell M. Tallan

Attorney Profile

Top Rated Civil Litigation Attorney in Columbus, OH

Gallagher, Gams, Tallan, Barnes & Littrell, L.L.P.
 | 471 E Broad St, 19th Floor
Columbus, OH 43215
Phone: 614-228-5151
Fax: 614-228-0032
Selected To Super Lawyers: 2014 - 2021
Licensed Since: 1984
Practice Areas:
  • Civil Litigation: Defense (60%),
  • General Litigation (10%),
  • Appellate (10%),
  • Insurance Coverage (10%),
  • Personal Injury - Medical Malpractice: Defense (10%)
    Attorney Profile

     

     

     

                      PHOTO

     

     

     

     

     

     

    Contact Information:

     

    471 East Broad Street, 19th Floor

    Columbus, Ohio43215

    (614) 228-5151;

    FAX (614) 228-0032

    [email protected]

     

    Education:

     

    The OhioStateUniversity

    B.A. with Honors, 1981

     

    The OhioStateUniversity

    MoritzCollege of Law

    J.D., 1984

     

    Areas of Emphasis

     

    General Litigation

    Appellate Practice

    Bad Faith Punitive Damages

    Closed Head Injuries/Traumatic Brain Injury Claims

    Fire and Casualty Law

    Insurance Coverage

    Wrongful Death

    Property, Casualty and Insurance Defense Litigation

     

    Year Admitted to Practice

    Ohio, 1984

     

     

     

     

                        MITCHELL M. TALLAN

     

    Born Dayton, Ohio, September 25, 1959

     

    Admitted to Ohio Bar 1984; United States District Court, Northern and Southern Districts of Ohio 1984

     

    He is a partner in the firm, focusing on litigation.  His areas of practice include General Litigation, Appellate Practice, Bad Faith Punitive Damages, Closed Head Injuries/Traumatic Brain Injury Claims, Fire and Casualty Law, Insurance Coverage, Wrongful Death, Property, Casualty and Insurance Defense Litigation

     

    He is a member of the Ohio State Bar Association, Columbus Bar Association, International Association of Defense Counsel, Defense Research Institute, and Ohio Association of Civil Trial Attorneys

     

    He has been a featured speaker at multiple Continuing Legal Education seminars sponsored by Professional Education Systems, Inc. (PESI) Lorman Education Services, and the Columbus Bar Association pertaining to UM/UIM coverage issues and Trial Advocacy

     

    His published opinions include:

     

    State Farm Mut. Auto Ins. Co. v. Three-C Body Shops, Inc., Nos 15 AP-256 thru 15AP-261, Nos. 15AP-263 thru 15AP-282, Nos. 15AP-284 thru 15AP-348, Nos. 15AP-351 thru 15AP-385, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, 2015-Ohio-5087; 2015 Ohio App. LEXIS 4915, December 8, 2015; Gold v. Burnham, No. 14AP-603, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, 2015-Ohio-1431; 2015 Ohio App. LEXIS 1383, April 14, 2015; Sullivan v. Williams, No. 11AP-135, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, 196 Ohio App.3d 759; 2011-Ohio-6131; 965 N.E.2d 373; 2011 Ohio App. LEXIS 5022, November 29, 2011; Curtis v. Gulley, CASE NO. CA2006-03-013, COURT OF APPEALS O OHIO, TWELFTH APPELLATE DISTRICT, FAYETTE COUNTY, 2006-Ohio-6081; 2006 Ohio App. LEXIS 6047, November 20, 2006, Decided, Discretionary appeal not allowed by Curtis v. Gulley, 113 Ohio St. 3d 1444, 2007 Ohio 1266, 2007 Ohio LEXIS 707; Barnett v. Sexten, No. 05AP-871, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT FRANKLIN COUNTY, 2006-Ohio-2271; 2006 Ohio App. LEXIS 2104, May 9, 2006; Gillette v. Estate of Gillette, No. 05AP-171, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, 163 Ohio App.3d 426; 2005-Ohio-5247; 837 N.E.2d 1283; 2005 Ohio App. LEXIS 4694 September 30, 2005; Szekeres v. State Farm Fire & Cas. Co., Case No. 02CA00004, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, LICKING COUNTY, 2002-Ohio-5989; 2002 Ohio App. LEXIS 5824; Cox v. State Farm Fire & Cas. Co., Case No. 2001CA00117, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, LICKING COUNTY, 2002-Ohio-3076; 2002 Ohio App. LEXIS 3112, June 10, 2002; Paula S. Ramsey, et al. v. State Farm Fire and Casualty Co., et al., 2002 Ohio 2547; 2002 Ohio App. LEXIS 2590; Audra Bennett, et al. v. Edward Glenn Butler, et al., 2000 Ohio App. LEXIS 2891; Mark Haywood, et al. v. State Farm Fire and Casualty, 1999 Ohio App. LEXIS 6375; Dwayne D. Bennett, et al. v. State Farm Mutual Auto. Ins. Co., 1999 Ohio App. LEXIS 5325; Edward H. Kim, et al. v. State Farm Mutual Auto. Ins. Co., et al., 1996 Ohio App. LEXIS 5769; Donald C. Davis v. State Farm Ins. Co., et al., 1996 Ohio App. LEXIS 3535; Ruth A. Wickline, et al. v. Western Reserve Group Mutual Cas. Co., 1996 Ohio App. LEXIS 1863; H. Donovan Lowe v. Paul Cassidy, et al., 1994 Ohio App. LEXIS 5008; Deloris A. Lehr v. John P. Vance, et al., 1991 Ohio App. LEXIS 3922; Haller, et al. v. Phillips, 69 Ohio App. 3d 574; 591 N.E.2D 305; 1990 Ohio App. LEXIS 4285; Donald Harney v. City of Columbus Development, 1989 Ohio App. LEXIS 2880; Darlene A. Parks, et al. v. State Farm Mutual Auto. Ins. Co., 1989 Ohio App. LEXIS 2885

     

    About Mitchell Tallan

    Admitted: 1984, Ohio

    Professional Webpage: http://www.ggptl.com/lawyer/mitchell-m-tallan/

    Honors/Awards:

    • Nominated and accepted position as 2nd and 3rd year law student as Teaching Assistant for First year law students studying Legal Research.  , Teaching Assistant Legal Research, OSU Moritz School of Law, 1983

    Bar/Professional Activity:

    • Seminar Speaker and Instructor on Robinson vs. Bates issues, best practices, discovery techniques, responses to most common approaches and arguments made by Plaintiffs' counsel to over 200 insurance claims representatives at major US insurer's operations center. , 2019

    Pro bono/Community Service:

    • Accepted pro bono referal involving homeowner-insurer dispute involving water damage to home. Represented client in SUO taken by insurer's counsel and successfully resolved dispute., 2017
    • Accepted pro bono case representing quadriplegic young man in dispute with his insurer over coverage issue pertaining to measure of recoverable damages when vehicle involved had extensive modifications to enable client to drive. Insurer initally limited indemnification to ACV of stock vehicle only and denied claim as it pertained to over $100,000 of driver-assist modifications made my after-market specialty company. Insurer ultimately relented and paid for all costs associated with replacing vehilce to similar vehicle with all necessary modifications. , 2019
    • Accepted pro bono defense of client alleged to have driven automobile into someone's residence and sued in civil lawsuit for damages. Successfully vacated default judgment rendered against him and successfully defended re-filed lawsuit against him. , 2018

    Scholarly Lectures/Writings:

    • Regularly present topics at Newark Operations Center of client State Farm Fire and Casualty Company and State Farm Mutual Automobile Ins. Co. including assessment of liabilty, medical bill related damages, lost wage assessment, cross-examination of expert witnesses, foreclosure related issues, coverage issues., Speaker, Speaker, State Farm Mutual Insurance Company, 2010

    Verdicts/Settlements:

    • Verdict: $50,579.00. Automobile Accident. Plaintiff Douglas Wilson was driving westbound on Ackerman Road on November 16, 2015 and stopped at a traffic light. The vehicle behind him, driven by Defendant Dorothy Barnes, did not stop and it struck the rear of Mr. Wilson’s vehicle, pushing Mr. Wilson’s vehicle into the vehicle ahead of him. Mr. Wilson claimed that the collision caused injury to his neck, back and left shoulder. He was found to have an L5 disc bulge with impingement of the L5-S1 nerve root. He was also diagnosed with tendon and labral tears in his left shoulder.The jury awarded Plaintiff $23,579 in past medical expenses and $27,000 in past non-economic damages, but did not award anything for past or future lost wages or future medical expenses or non-economic damages. Medical Specials: $36,360.60 in past medical specials ($23,579.93 after write-offs) and projected $40,000.00 in future medical specials. Lost Wages: $123,603.50-$136,466.00 in combined past and future wages. Last Settlement Demand: $52,000. Last Settlement Offer: $28,000.00. Length of Trial: 4 days. Plaintiff’s Expert: Robert Perkins, M.D. (physical medicine and rehabilitation). Defendant’s Expert: Gerald Steiman, M.D. (neurology). Plaintiff’s Counsel: Matthew T. Wolf and Curtis M. Fifner. Defendant’s Counsel: Mitchell M. Tallan. Judge Kim Brown. Case Caption: Douglas Wilson v. Dorothy Barnes, et al., Case No. 17CV9896 (2019)., 2019
    • Defense Verdict. Property Damage. On May 4, 2013, an unoccupied rental property owned by Alan K. Sheppard was struck by a 2004 Toyota Highlander. The vehicle was owned by Defendant Taylor N. Ashcraft. The night before the incident, Ms. Ashcraft was visiting her boyfriend at a home he shared with his mother and several other family members. Ms. Ashcraft spent the night and left the keys to her vehicle on a nightstand. When she awoke the next morning, she discovered that her keys and the vehicle were missing. When the vehicle was located at the rental property, Ms. Ashcraft's purse was on the passenger side floor and there were beer cans inside the vehicle. The force of the collision moved the building a foot off of its foundation. The property was condemned so that it could either be repaired or demolished. The cost to repair the building exceeded the value of the property and the cost to demolish it. Therefore, Plaintiff chose to demolish it. Plaintiff sued both Taylor Ashcraft and her boyfriend. Plaintiff was granted a default judgment against the boyfriend. At trial, Plaintiff argued that Ms. Ashcraft was either driving the vehicle or negligently entrusted the vehicle to another. Plaintiff called the officer who investigated the incident. The officer testified that the vehicle must have been traveling 50 miles per hour when it struck the building. Evidence was also presented at trial that Plaintiff had previously rented the same property to Ms. Ashcraft's boyfriend's mother and evicted her just three weeks earlier for non-payment of rent. Ms. Ashcraft maintained that she was not in the vehicle at the time of the collision and did not know who had stolen her car and keys. She explained that her purse was in the vehicle because she did not take it inside with her when she spent the night with her boyfriend. The jury was asked to determine whether Ms. Ashcraft was driving the vehicle and, if it was not Ms. Ashcraft, whether Ms. Ashcraft negligently entrusted her vehicle to the driver. The jury concluded that Plaintiff had not met his burden of demonstrating that Ms. Ashcraft was negligent under either theory. Claimed Damages: $35,900. Last Settlement Demand: $35,900. Last Settlement Offer: None. Plaintiff's Experts: None. Defendant's Experts: None. Length of Trial: 2 days. Counsel for Plaintiff: David M. Neubauer. Counsel for Defendant: Mitchell M. Tallan. Magistrate Ed Skeens. Alan K. Sheppard, et al. v. Taylor N. Ashcraft, et al. Case No. 17CV3952 (2018)., 2018
    • Guest speaker at Capital University School of Law on subject of choosing career paths in law, civil litigation practice, civility, associate interviews and qualities of candidates that are sought, answered questions of third year law students. , 2019
    • Lead lawyer in defending novel lawsuit againt local Oral Surgeon pertaining to Medical Malpractice and Legal Malpractice and distinction between Survivorship settlement and Wrongful Death action arising from same tort; two week trial before Judge John Bender in Franklin County Court of Common Pleas-Flaum vs. Latham. Expert witnesses included former judge Mike Close, noted lawyers Frank Ray and Gerry Leesburg., 2011
    • Prevailed on case of first impression before Tenth Appellate District with only one other reported case on point in State of Ohio. At issue was whether The Ohio Bureau of Workers Compensation had the right to independantly prosecute it's subrogation claim as part of the plaintiff's (injured worker's) bodily injury action and jury trial against the at-fault party arising from a motor vehicle accident. Liability was stipulated and primary issue was proximate causation of rotator cuff tear by Plaintiff pizza delivery driver. Also at issue was whether jury should hear from OBWC staff attorney that OBWC eventually approved rotator cuff as an "allowed claim". Trial Court sustained our Motion in Limine and as trial progressed beyond opening statement continued to rule that OBWC's claim was sufficiently aligned with Plaintiff's claim and that jury should not hear evidence as to OBWC's determinations. On behalf of defense, undersigned counsel argued that OBWC determinations were based upon opinions of non-testifying physicians and that jury should base it's determination of causation upon the witnesses in the court room including the orthopoedic surgeon testifying on behalf of the Plaintiff and the orthopoedic surgeon retained by Defenant to perform an IME. Tenth Appellate District affirmed the Trial Court and distinguished the one other reported State Court opinion on point. Gold vs. Burnham, 2015 Ohio 1431, (Decided April 14, 2015). , 2015
    • Successfully negotiated settlement of over 80 lawsuits and 40 claims about to be brought to suit involving claims by major midwest-based electrical utility company against insured clients in which utility company argued it was entitled to both "direct and indirect" costs to replace damaged electrical poles. Utility company's claims involved complex accounting issues. Virtually every suit was settled for amount offered by insurer pre-suit., 2017
    • Successfully defended claim of multiple shoulder surgeries due to automobile accident in the Knox County Court of Common Pleas. Case involved head-on impact with heavy property damage and stipulated liability. Plaintiff utilized two orthopoedic surgeons who testified both shoulder surgeries were proximately caused by the accident. Defense utilized one orthopedic surgeon who related both surgeries to degenerative joint disease/wear and tear. Jury awarded only the bills leading up to the first surgery but no bills related to either surgery and awarded nothing for pain and suffering despite recommendation by defense counsel of some award for general damages in closing argument. Upon curative instruction, jury furthe deliberated and awarded small pain and suffering award. Total award was far less than pre-trial offer. , 2018
    • Negotiated settlment of 144 consolidated lawsuits upon same terms (or better) than offered to opposing party pre-suit on eve of trial after obtaining multiple favorable rulings from Court on pending motions for summary judgment following two years of litigation and over forty depostions of lay and expert witnesses. State Farm Mut. Ins. Co. vs. Three-C Body Shops, Inc. Franklin Co. Ct. of Common Pleas 12CV-14117 et al. , 2015
    • Successfully defended appeal of grant of directed verdict in medical malpractice trial and obtained clarification of Ohio law on issue of duty to disclose supplemental opinions of expert medical witness. ROBERT SELLERS, Plaintiff-Appellant -vs- KNOX COMMUNITY HOSPITAL, et al., Defendants-Appellees, Case No. 16 CA 12; COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, KNOX COUNTY; 2016-Ohio-8566; 2016 Ohio App. LEXIS 5399; December 28, 2016, 
    • Obtained verdict significantly less than pretrial offer in the Fayette County Court of Common Pleas in automobile bodily injury defense matter involving heavy impact, stipulated liability, and contested damages. Jury did not accept testimony of Plaintiff's two experts, one an orthopedic surgeon from The Ohio State University and one a well-known local chiropractor. No defense expert was utilized and instead defense relied upon cross-examination of Plaintiff's experts. Plaintiff claimed permanently dislocated shoulder. , 2017
    • Successfully defended attempt by large regional auto collision repair facility to obtain formal discovery of insurer client's confidential, proprietary, and trade secret information pertaining to body, paint, and frame rates. Litigation involves over one hundred separate lawsuits between same client and same collision repair facility consolidated for purposes of discovery and trial., 2014
    • Obtained directed verdict in favor of registerd nurse in a nursing malpractice suit filed in Knox County, OH following four days of jury trial. 
    • Successfully negotiated $600,000 settlement at mediation of an auto vs. pedestrian parking lot accident as counsel for 79 year old Plaintiff/pedestrian who was walking from drug store to his truck in drug store parking lot. Liability and damages were vigorously contested by two defendants-driver of vehicle and her employer. Driver claimed she was in course and scope of her employment as a pharmacy tech and employer denied, claiming she was on a lunch break. Plaintiff had a long history of orthopedic problems but broke his hip in incident at issue and remains bed-ridden as a result. Due to Medicare involvement, total bills were less than $15,000 but settlement was based on cost of home-health care and pain and suffering. , 2017
    • Successfully defended claim of severe bodily injury and negligent infliction of emotional distress in Franklin County Court of Common Pleas. Defendant died in impact and there was severe damage to both vehicles. Plaintiff obtained extensive pain management treatment with over $45,000 of bills. Defendant relied only upon cross-examination of Plaintiff's pain management physician who testified that Plantiff suffered an aggravation of a pre-existing degenerative lumbar and cervical condition and post-traumatic depression. Jury awarded only a fraction of Plaintiff's medical bills and nominal pain and suffering award. Total verdict was $10,000 less than offered prior to trial. , 2018

    Representative Clients:

    • Tried ten diminution of value cases throughout State of Ohio and obtained defense verdicts on all ten. , 2019
    • Obtained defense verdict in Franklin County Municipal Court on diminution of value claim involving new Subaru Impreza (4,436 miles) stuck by my client. Judge found Plaintiff's Diminution of Value Expert to be unreliable upon cross examination. , 2019
    • Obtained defense verdict in Hamilton County Municipal Court on diminution of value claim involving new (6,000 miles) Kia SUV stuck by my client at high speed and having sustained over $14,400 of repair cost damage. Judge found Plaintiff's Diminution of Value Expert to be unreliable upon cross examination. , 2019
    • Obtained defense verdict in Fairfield City Municipal Court on diminution of value claim presented by new car dealer and brand new vehicle being driven on test-drive struck by my client. Judge found Plaintiff's Diminution of Value Expert to be unreliable upon cross-examination. , 2019
    • Obtained unanimous jury defense verdict in case involving moderate rear-end impact, admitted liabilty, three week delay in treatment, and decison to rely on cross-examination of Plaintiff's Physical Medicine and Rehabilitation doctor only (no IME). Plaintiff had $35,000 of medical bills before write-offs and had undergone injections for pain control. , 2019
    • Obtained reversal of trial court's grant of summary judgment in favor of utility company that claimed that it was entitled to full replacement value of a utility pole without depreciation and all indirect costs associated with maintenance of utility poles. Four separate lawsuits and grants of summary judgment were consolidated for purposes of appeal. Defendant motorists had admitted fault and issue was one of damages for chattels that are unique and not susceptable to being assigned fair market values. Utility company claimed that depreciation should not apply irrespective of age of pole and fixed life span of poles and further argued that indirect costs were not the subject of factual dispute despite defense expert, a forensic economist, disputing that many of the indirect costs had any direct bearing on poles in question. Eighth Appellate District held that depreciation does apply and that genuine issues of fact existed as to establishment of indirect costs as being proximately caused by damage to utiliity poles at issue. Illuminting Company vs. William Cochran et. al. Nos. 105887, 105888, 105889, and 105890 rendered June 28, 2018.   , 2018

    Educational Background:

    • JD, The Ohio State University Michael E. Moritz College of Law, 1984

    Industry Groups

    • Insurance
    • Malpractice Defense
    Show More
    Office Location for Mitchell M. Tallan

    471 E Broad St
    19th Floor
    Columbus, OH 43215

    Mitchell M. Tallan:

    Last Updated: 12/28/2020

    Page Generated: 0.20079588890076 sec