Mitchell M. Tallan

Mitchell M. Tallan

Attorney Profile

Top Rated Personal Injury Attorney in Columbus, OH

Gallagher, Gams, Tallan, Barnes & Littrell, L.L.P.
 | 471 E Broad St, Columbus, OH 43215
Phone: 614-228-5151
Fax: 614-228-0032
Selected to Super Lawyers: 2014 - 2019
Licensed Since: 1984
Practice Areas:
  • Personal Injury - General: Defense (60%),
  • Personal Injury - General: Plaintiff (20%),
  • Civil Litigation: Defense (20%)
Attorney Profile

 

 

 

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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-Uninsured and Underinsured Motorist Coverage Update and Issues-NBI Seminars, 2012

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

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:

  • 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:

  • State Farm Mut. Auto. Ins. Co., State Farm Fire & Cas. Co., formerly have represented Grange Mut. Cas. Co. and their respective insureds.
  • 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

Industry Groups

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

471 E Broad St
Columbus, OH 43215

Mitchell M. Tallan:

Last Updated: 1/22/2019

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