Jared A. Wagner

Jared A. Wagner

Attorney Profile

Top Rated Insurance Coverage Attorney in Dayton, OH

Green & Green, Lawyers
 | 800 Performance Place, 109 North Main Street
Dayton, OH 45402
Phone: 937-224-3333
Fax: 937-224-4311
Selected To Super Lawyers: 2021
Selected To Rising Stars: 2009, 2012 - 2018
Licensed Since: 2003
Practice Areas:
  • Insurance Coverage (60%),
  • State, Local & Municipal (30%),
  • Business Litigation (10%)
    Attorney Profile

    Jared is an experienced civil trial attorney with a diverse practice that includes the defense of police officers and municipalities with a focus on § 1983 and constitutional issues, construction law, insurance defense and coverage matters, and appellate litigation. His practice extends throughout the state of Ohio, and he regularly defends clients in Ohio’s various common pleas and municipal courts, as well as in both the northern and southern United States federal district courts. Jared has successfully argued and presented matters before the Ohio Supreme Court, the majority of Ohio’s state appellate courts, and the Sixth Circuit Federal Court of Appeals. A number of the cases Jared has briefed and argued have resulted in not only favorable outcomes for his clients, but also the establishment of important judicial precedents. Jared is also a regular speaker on topics related to civil litigation, and in addition to regularly presenting to various industry groups on issues pertaining to municipal law, officer liability, and § 1983 constitutional issues, Jared also provides training to municipalities, officers, and supervisors on those issues.  In January of 2020, Jared was selected to serve as the Governmental liability chair for the Ohio Association of Civil Trial Attorneys. 

    After graduating in 2003 with a law degree from the College of William and Mary in Williamsburg, Virginia, Jared spent two years as a staff attorney for the Third District Court of Appeals in Lima, Ohio. Jared joined Green & Green in 2005 and became a shareholder in 2008. From 2009-2018 and before turning 40, he was consistently acknowledged by his peers as a rising star in the field of insurance coverage, a distinction awarded to no more than 2.5 percent of the lawyers in the state.  Jared was also selected to become a Fellow in the Litigation Counsel of America Trial Lawyer Honorary Society, and in 2010 he was named one of the top forty professionals under the age of forty in the greater Dayton metropolitan area, and he has earned an AV Preeminent rating from Martindale-Hubbell, which is the highest possible rating an attorney can achieve for both ethical standards and legal ability.

    Born in Front Royal, Virginia, Jared spent most of his youth in West Chester, Ohio and attended Ohio Northern University for his undergraduate education where he was a three year varsity letterman in football and graduated in 2000 with High Distinction. While at ONU, Jared was also involved with Phi Kappa Theta social fraternity and Omicron Delta Kappa leadership honorary society. He currently resides in Madison Township with his wife Cara and their three children.  Jared is an active member of the Knights of Columbus St. John Paul Council 1610 and is active in his current parish of Holy Family in Middletown where he serves on the bereavement committee.  Jared was also elected to the worship commission for his former parish of St. Albert the Great in Kettering and has also served as a strength and conditioning coach for varsity athletics at Madison Junior/Senior High School in Madison Township.

    About Jared Wagner

    Admitted: 2003, Ohio

    Professional Webpage: http://www.green-law.com/attorneys/Jared-A-Wagner/

    Honors/Awards:

    • The Litigiation Counsel of America is an invitation only trial lawyer honorary society established to reflect the new face of the American bar. Membership is limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers. The composition of the LCA is aggressively diverse, with recognition of excellence among American litigation and trial counsel across all segments of the bar. The purpose of the LCA is to recognize deserving, experienced, and highly qualified lawyers, to provide an outlet for scholarly authorship of legal articles on trial and litigation practice, to provide additional sources for professional development, to promote superior advocacy and ethical standards in the practice of law, to assist in community involvement by its membership, and to advance a superior judiciary, by taking relevant positions on issues or legislation affecting judicial compensation and/or benefits, as well as those affecting the American litigation processes., Fellow in the Litigation counsel of America Trial Lawyer Honorary Society , Selection and Invitation, 2019
    • Named one of the top forty professionals under the age of forty in the greater Dayton metropolitan area for the year 2010 by a panel of independent judges. , Forty Under Forty Award, Nomination and Selection by the Dayton Business Journal, 2010

    Bar/Professional Activity:

    • Re-elected as the Governmental Liability Committee Chair for the Ohio Association of Civil Trial Attorneys. , 2020
    • Elected to be the Governmental Liability Committee Chair for the Ohio Association of Civil Trial Attorneys. , 2019
    • Participated in the Air War College's National Security Forum at Maxwell Air Force Base in Montgomery, Alabama.  The NSF is a week long experience that is designed to expose influential citizens to senior U.S. and international officers and civilian equivalents in order to engage each other's ideas and perspectives on Air Force, national and international security issues. It's an opportunity for future military leaders to interact with a broad cross-section of civilian leaders from businesses, universities, industry, media, law, the clergy, and state and local governments.  Participants in the NSF are nominated from across the Air Force and by previous attendees and approved by the Secretary of the Air Force., 2014

    Pro bono/Community Service:

    • Elected to School Board for St. John XXIII Catholic Elementary School in Middletown, Ohio.  , 2020
    • Served on the funeral committe for Holy Family Parish in Middletown, Ohio. , 2019
    • Elected as the program chair for Council 1610 Knights of Columbus in Middletown, Ohio. , 2019
    • Active particpant in the Dayton Volunteer Lawyers' Project, which provides free legal representation in civil litigation matters to members of the community who cannot otherwise afford to hire an attorney but may not qualify for legal aid or other such programs. , 2018

    Scholarly Lectures/Writings:

    • Presented update on First Amendment issues, focusing on legal trends for police officers and the potenial affect such comments could have on employment and job performance. , Speaker, Independent Insurance Agents Association of Dayton , Insurance Agents, 2019
    • Was invited to teach classes on Fourth Amendment law and First Amendment issues related to police officers, specifically focusing on social media issues and whether adverse employment actions can be taken for statements made on social media. , Speaker and Presenter , Ohio Tactical Officer's Association Convention , Police Officers And Supervisors And Law Directors, 2018
    • Presented update on First Amendment issues, focusing on legal trends for police officers and the potenial affect such comments could have on employment and job performance. , Speaker, Tokio Marine HCC Annual Attorney Claims Seminar , Public Risk Adjusters And Attorneys, 2018
    • Presented an overview of civil liabilty under federal and state law and update on Fourth Amendment issues to Lima City supervisors. , Speaker, Lima, Ohio Supervisor Training, Police Supervisors, 2017
    • Presented on the topic of civil liability for police officers, providing detailed overview and discussion of issues related to constitutional violations, qualified immunity, state law statutory immunity, and personal exposure and liability, including punitive damages, attorney fees, indemnification, and defense.   , Speaker and Presenter, Ohio Tactical Officer's Association Conference, Police Officers And Supervisors And Law Directors, 2017
    • Gave overview presentation on fourth amendment issues, including constitutional violations, defenses to claims, common issues encountered, and issues related to civil liability.   , Speaker and Presenter, Ohio Tactical Officer's Association, Police Officers And Supervisors And Law Directors, 2016

    Verdicts/Settlements:

    • Rolling v. Kings Transfer, Inc., 2d Dist. Montgomery No. 28753, 2020-Ohio-5541, obtained summary judgment and affirmance of that decision on appeal, of a claim brought by a party injured while jumping off of the top of my client's vehicle following an attempt by the injured party to remove a cable that had become entangled with my client's vehicle.  , 2020
    • Obtained summary judgment for a driver who's load fell into the roadway, causing a vehicle behind him to stop.  The claim against my client was a third party contribution claim brought by the party that had rear-ended the vehicle that had stopped in the roadway.  , 2020
    • Obtained dismissal on the pleadings of a breach of contract claim brought by Village citizens against the Village, arguing that they were third party beneficiaries of a contract between the Village and a construction company performing sewer and street repairs. , 2020
    • Obtained dismissal on the pleadings of a malicious prosecution claim brought against a fire inspector on the grounds of absolute privilege.  , 2020
    • Obtained summary judgment on the third party contribution/indemnity and breach of contract claims brought against a contractor on a multi-million dollar construction project, prevailing on the issue of establishing workers' compensation immunity on such claims for contractors participating in a CCIP wrap up insurance program.  This was an issue of first impression under Ohio law.  , 2020
    • Obtained dismissal on the pleadings of wrongful termination claims brought against a Village Solicitor, arguing failure to abide by statutory requirements pertaining to the investigation and termination of a police chief and seeking recovery for reputational damages in addition to lost wages and impediments to future employment.  , 2019
    • Resolved claims for alleged violations of the Americans' with Disabilities Act against a political subdivision related to facilities at a recreational park for nominal payment and minor changes., 2019
    • Obtained dismissal on the basis of statutory immunity (R.C. 2744) of a civil complaint filed against a Village and several EMTs related to a patient being dropped and injured while being transferred from the ambulance to the hospital. , 2019
    • Stolz v. J & B Steel Erectors, 155 Ohio St.3d 567, 2018-Ohio-5088 (Ohio Supreme Court) - Successfully argued as amicus curiae for Messer Construction to uphold the constitutionality of the horizontal workers' compensation immunity between subcontractors enrolled under a contractor controlled insurance program authorized by 4123.35(O). , 2018
    • Stanfield v. City of Lima, No. 17-3305, 2018 U.S. App. LEXIS 6395, at *1 (6th Cir. Mar. 15, 2018), obtained affirmance by the Sixth Circuit of a trial court's decision granting summary judgment to police officers, the chief of police, and the City with respect to excessive use of force claims. , 2018
    • Bragg v. GFS Marketplace, LLC, 2018-Ohio-3781, 109 N.E.3d 1277, (5th Dist.) - Obtained summary judgment for Gordon Food Service on a slip and fall claim and affirmance of that decision on appeal.  Plaintiff voluntarily dismissed the first action with a summary judgment motion pending, and I re-submitted the summary judgment motion when the case was re-filed.  The appellate court affirmed the trial court's decision denying Plaintiff's request for additional time to respond to my motion, and also held that summary judgment was appropriate because Plaintiff could not identify what caused his fall and admitted during deposition questioning that it could have been ice and water tracked in by other GFS customers.  , 2018
    • LaMusga v. Summit Square Rehab, LLC, 2015-Ohio-5305, 43 N.E.3d 504, (2d Dist.)  Obtained summary judgment and affirmance on appeal of claims brought against the owner of an apartment complex by the estate of a man shot to death by private security hired by the owner.  The issue, which was a matter of first impression under Ohio law, was whether R.C. 2305.16's tolling provisions, which preserved the parental loss of consortium claims of the decedent's minor child, applied to the estate's survivorship claims of assault and battery, false imprisonment, and intentional infliction of emotional distress.  The trial court and appellate court both adopted my argument that the tolling provisions applicable to the minor child did not affect the survivorship claims of the estate.  , 2017
    • Stanfield v. City of Lima, 244 F. Supp. 3d 638, 641 (N.D. Ohio 2017), obtained summary judgment for officers on an execssive use of force claim involving a take down, knee strkes, and flash light strikes against an intoxicated indivdiual.  Also obtained summary judgment for the City and its Police Chief. , 2017
    • Foley v. Univ. of Dayton, 150 Ohio St.3d 252, 2016-Ohio-7591 (Ohio Supreme Court) - Briefed and argued to the Ohio Supreme Court on behalf of students sued for allegedly negligently misrepresenting the unlawful actions of another student to the police.  Obtained decision from the Ohio Supreme Court holding that there is no separate tort for negligent misrepresentation under Ohio law, whcih struck down decisions from several lower appellate courts holding that there was such a tort in Ohio. , 2016
    • Foley v. Univ. of Dayton, 2016-Ohio-7591 (Ohio Supreme Court 2016) – Overturning several decades of lower appellate court decisions that had created a tort for the “negligent misrepresentation” of a criminal suspect to the police, the Ohio Supreme Court adopted the position put forth by Jared in his briefs and arguments and found that no such tort existed under Ohio law., 2016
    • Stolz v. J&B Steel, Inc., 146 Ohio St.3d 281, 2016-Ohio-1567 (Ohio Supreme Court 2016) – Considering a certified question of law from the U.S. federal district court, the Ohio Supreme Court found that subcontractors working on a construction project that are enrolled in a comprehensive workers’ compensation program under R.C. 41235.35(O) are entitled to immunity from tort claims brought by employees of other enrolled subcontractors., 2016
    • Crawford v. Geiger, 656 F App’x 190 (6th Cir. 2016) – Overturning the trial court’s decision denying an officer qualified immunity on an excessive force claim., 2016
    • Main v. City of Lima, 2015-Ohio-2572 (3d Dist. 2015) – Affirming dismissal of the negligence claim related to plaintiff stepping on an allegedly unsecured manhole cover on a sidewalk due to the failure to allege facts sufficient to overcome the City’s statutory immunity., 2015
    • Crawford v. Geiger, 131 F. Supp.3d 703 (N.D. Ohio 2015) – Dismissing the First Amendment claim based on an alleged violation of the right to film police activity upon a finding that such a right is not clearly established., 2015
    • Shoup v. Doyle, 974 F.Supp.2d 1058 (S.D. Ohio 2013) – Dismissing false arrest claims against police officers on the grounds that the seizure was appropriate under the community caretaker exception., 2013
    • Haas v. Village of Stryker, 2013-Ohio-2476 (6th Dist. 2013) – Dismissing the Fourth Amendment malicious prosecution claim brought against a village tax administrator because the filing of a criminal complaint did not constitute a seizure., 2013
    • Marks v. Reliable Title Agency, 2012-Ohio-3006 (7th Dist. 2012) – Finding that the drafter of a power of attorney does not owe a prospective fiduciary duty to the person granting rights under the power of attorney, and that the discovery rule is not applicable to determining the accrual date for a breach of fiduciary duty claim., 2012
    • Colville v. Meijer, 2012-Ohio-2413 (2d Dist. 2012) – Affirming summary judgment on the basis of the open and obvious doctrine in a slip and fall case involving a puddle of water on tile floor., 2012
    • Trotwood v. South Central Construction, 192 Ohio App.3d 69 (2d Dist. 2011) – Affirming summary judgment in favor of the city and school district on the basis of statutory immunity in a case arising out of the flooding of nearby homes related to the construction of a new school building., 2011

    Representative Clients:

    • Zurich Insurance , 2020
    • Taylor Communications , 2020
    • City of Lima, 2019
    • Messer Construction Company, 2019
    • Gordon Food Service, 2019
    • State Farm, 2019

    Educational Background:

    • Ohio Northern University, Bachelor of Arts with double major in Criminal Justice and Political Science and minor in Psychology. , 2000
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    Office Location for Jared A. Wagner

    800 Performance Place
    109 North Main Street
    Dayton, OH 45402

    Jared A. Wagner:

    Last Updated: 1/27/2021

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