Mark R Koberna

Mark has acted as lead trial counsel for the firm’s diverse client group in a wide variety of matters. He has obtained significant jury verdicts, arbitration awards and settlements in many different kinds of cases—totaling in the tens of millions of dollars. Mark has extensive experience handling many different kinds of cases, ranging from partnership disputes to complex construction litigation to medical malpractice. Mark regularly provides advice to the firm’s clients involved in the manufacturing, distribution, automotive and real estate industries, including Human Resource counseling, litigation prevention and risk management and trial strategies.

Prior to joining the firm, Mark was a partner in the Litigation Group at Baker & Hostetler, a large national law practice. At Baker & Hostetler, Mark’s practice was focused on general commercial litigation, including contract, construction, real estate matters and employment disputes.

Mark is also the lead trial lawyer in cases involving personal injury, wrongful death, consumer litigation and professional negligence. He has worked tirelessly obtaining just compensation for injured persons and their families in a wide range of cases, including automobile collisions, workplace injuries, premises liability and medical negligence.

Background.

Practice Areas

• Commercial Litigation

• Personal Injury and Wrongful Death

• Consumer Protection Litigation

• Employment

Academic Credentials

• Case Western Reserve University School of Law, J.D., Order of the Coif, magna cum laude, 1987

• John Carroll University, B.A., 1983

Bar Admissions

• Ohio, 1987

• United States District Court for the Northern District of Ohio, 1988

• United States District Court for the Southern District of Ohio, 2008

• United States Court of Appeals for the Sixth Circuit, 1990

Professional Credentials

• Martindale-Hubbell Law Directory, AV® Preeminent Rating

• Ohio State Bar Association

• Cleveland Metropolitan Bar Association

• Ohio Association for Justice

• Cleveland Academy of Trial Attorneys

• Ohio SuperLawyer, 2013 through 2023

• Secured $3,665,000 settlement arising from the wrongful death of 71-year-old woman suffering an asthma attack as a result of City’s failure to properly dispatch emergency response personnel to correct address

• Secured an arbitration award of over $2 million on behalf of a local company whose supply contract with a national automobile manufacturer was terminated, and manufacturer took possession of tools and molds

• Represented dealer in pursuit of claims against automobile manufacturer seeking to recover over $5 million in land acquisition, development and construction costs incurred by dealer-developer joint venture after manufacturer reneged on promise to enter into dealer agreement

• Recovered $2.9 million jury verdict for a laid off factory worker against radiologist who overlooked evidence of mass on patient’s kidney following emergency room visit, resulting in delayed diagnosis of renal cell carcinoma

• Represented owner of indoor self-storage facility in claims for declaratory and injunctive relief after city refused to issue occupancy permit, allowing operator to open for business

• Secured seven-figure settlement of wrongful death claims for family of high school student killed in single car automobile collision

• Obtained a jury verdict in favor of former employee for the full amount of a “retention bonus” earned by employee prior to his departure from a national insurance company

• Obtained a jury verdict in favor of buyer of commercial real estate after seller refused to close transaction

• Obtained injunctive relief on behalf of distributor of plumbing products against former employee (sales manager) and his new employer enjoining further breaches of and interference with terms of non-compete agreement, and recovered attorneys’ fees and lost gross profits in subsequent settlement

• Represented auto dealer in recovery for defamation claim against competing dealership who facilitated car buyer in picketing and protesting false information about auto dealer

• Represented insurance company in evaluating coverage on defending insured against defamation lawsuit for business owner who made disparaging comments about former employee’s attorneys

• Won judgement after trial in favor of auto dealer seeking to purchase car dealerships, successfully defeating claim that third party had properly exercised a right of first refusal

  
  

• Obtained a six figure jury verdict against accounting firm for negligent advice, resulting in business losses

• Secured settlement of $815,000 for worker who suffered injuries following explosion of natural gas pipeline

• Co-lead counsel in class actions brought against national title insurance companies who failed to pass along mandatory discounts on title insurance premiums to Ohio homeowners, resulting in settlement funds of $9 million and $6.5 million

• Obtained judgment in favor of national automobile insurance company on claims brought by rental car company for coverage and indemnification arising from accident involving driver of rental car

• Recovered $1,500,000 settlement for minority shareholder in litigation against majority shareholders for diversion of profits, wrongful termination and breach of buy-sell agreement

• Defended flooring contractor in arbitration brought by installing subcontractor for allegedly providing defective product specification

• Represented a well-known, leading neurosurgeon in negotiations to terminate his relationship with partners in neurosurgery practice following a break down in relationship among partners, and claims of breach of fiduciary duties

• Represented national automobile insurance company in action against installer of defective curtain wall and window systems, resulting in ongoing leaks and degradation of building materials

• Recovered $500,000, policy limits, for family of woman struck and killed in restaurant/bar parking lot, and $52,000 in additional settlement funds in Dram Shop claim against the restaurant/bar

• Recovered $650,000 settlement for worker who injured his back, neck and shoulder in industrial explosion

• $125,000 recovery for 61-year-old machine operator who suffered an aggravation of pre-existing degenerative conditions in his cervical and lumbar spine in automobile collision

• Obtained a $620,000 jury verdict in a case involving the disassociation of attorneys in law practice

• Successfully defended claims brought by employer seeking to enforce non-competition provisions contained in employment agreements entered into with previous employer prior to sale of the company
  

• Defended manufacturer of tire curing presses accused of utilizing competitor’s trade secrets in design of machinery sold to tire manufacturer

• Represented defendant law firm in breach of contract dispute with company that supplied back office support for foreclosure actions in exchange for payment of fees

• Defended automobile dealership in claim asserted by customer regarding alleged defects in certified pre-owned vehicle

• Recovered cost to repair defective lighting system installed by lighting supplier at automobile dealership facilities

• Recovered damages on behalf of manufacturer of insulating glass material from purchaser who wrongfully terminated requirements contract prior to the expiration of the contract term

• Litigated legal malpractice claim relating to negligent advice given in connection with formation of charitable trust instrument

• Recovered $100,000 for college student who suffered concussion and symptoms of post-concussion syndrome following intersection collision

• Obtained judgment in favor of dry cleaning business for insurance benefits following arson fire at one of its facilities after insurer denied coverage under vacancy exclusion

• Recovered $205,000 for injuries to 18-year-old student who fell off rock climbing wall, injuring both heels (owner of climbing wall failed to install padding beneath the wall)

• Defended regional bank located in Michigan and loan officer in claims brought by competing Ohio bank asserting claims for alleged violations of Non-Solicitation Agreement and trade secret statute

• Obtained substantial arbitration award for exclusive naming rights partner of major league sports venue against major league sports franchise, both for money damages and removal of high profile sign that could be easily confused  as naming rights sign

• Since 2005, received in excess of $7 Million in medical malpractice verdicts and settlements in Ohio
  

• Obtained favorable settlement for owner of apartment complex in dispute involving premature failure of concrete parking deck