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Ohio: Wrongfully Convicted Man Awarded $641,858 Against Attorney
On August 22, 2002, an Ohio jury awarded a man who spent four years in
prison $641,858 against the attorney who represented him in his criminal trial.
Plaintiff Michael Javorina had been charged with, among other things,
attempted murder and felonious assault for allegedly beating the
ex-boyfriend of one of his night club employees. The incident occurred at
the ex-boyfriend's apartment at approximately 7:00 a.m. on May 4, 1994.
Javorina was convicted by a jury of felonious assault and sentenced to four
years in prison.
Javorina contended that he had in fact been involved in a fight with the
ex-boyfriend, but earlier in the morning. Javorina alleged that he had
accompanied his employee to the parking lot of a movie theater so she could
get the ex-boyfriend's keys to his apartment in order to retrieve her
belongings. Here, at around 1:00 a.m., the ex-boyfriend and Javorina became
involved in a physical altercation. The police responded but both men were
released. No charges were filed.
Six hours later, at approximately 7:00 a.m., someone brutally beat the
ex-boyfriend at his apartment. Javorina was charged with the beating,
convicted by a jury of felonious assault, and sentenced to four years in
prison.
Javorina sued attorney Lewis Dye, who represented him on the criminal
charges, alleging Dye had committed legal malpractice. Javorina
specifically alleged that Dye was negligent for failing to call crucial
witnesses that would have confirmed his alibi--that he had been at his
nightclub at 7:00 a.m that morning--and for bringing up the 1:00 a.m.
incident to the jury. Attorney Samuel H. Shamansky, of Columbus, Ohio,
provided expert testimony.
After 45 minutes of deliberation, the jury awarded Javorina $641,858 for
pain and suffering associated with his four years in prison. Javorina's
counsel noted that Javorina's argument--that he was convicted based on the
facts of the 1:00 a.m. incident rather than on those involving the 7:00
a.m. incident for which he was prosecuted--impacted the case.
Javorina was represented by Rex H. Elliot and Charles H. Cooper, both of
Columbus. See: Javorina v. Dye, Franklin County Court of Common Pleas, Case
No. 99-CVA-11-9569.
prison $641,858 against the attorney who represented him in his criminal trial.
Plaintiff Michael Javorina had been charged with, among other things,
attempted murder and felonious assault for allegedly beating the
ex-boyfriend of one of his night club employees. The incident occurred at
the ex-boyfriend's apartment at approximately 7:00 a.m. on May 4, 1994.
Javorina was convicted by a jury of felonious assault and sentenced to four
years in prison.
Javorina contended that he had in fact been involved in a fight with the
ex-boyfriend, but earlier in the morning. Javorina alleged that he had
accompanied his employee to the parking lot of a movie theater so she could
get the ex-boyfriend's keys to his apartment in order to retrieve her
belongings. Here, at around 1:00 a.m., the ex-boyfriend and Javorina became
involved in a physical altercation. The police responded but both men were
released. No charges were filed.
Six hours later, at approximately 7:00 a.m., someone brutally beat the
ex-boyfriend at his apartment. Javorina was charged with the beating,
convicted by a jury of felonious assault, and sentenced to four years in
prison.
Javorina sued attorney Lewis Dye, who represented him on the criminal
charges, alleging Dye had committed legal malpractice. Javorina
specifically alleged that Dye was negligent for failing to call crucial
witnesses that would have confirmed his alibi--that he had been at his
nightclub at 7:00 a.m that morning--and for bringing up the 1:00 a.m.
incident to the jury. Attorney Samuel H. Shamansky, of Columbus, Ohio,
provided expert testimony.
After 45 minutes of deliberation, the jury awarded Javorina $641,858 for
pain and suffering associated with his four years in prison. Javorina's
counsel noted that Javorina's argument--that he was convicted based on the
facts of the 1:00 a.m. incident rather than on those involving the 7:00
a.m. incident for which he was prosecuted--impacted the case.
Javorina was represented by Rex H. Elliot and Charles H. Cooper, both of
Columbus. See: Javorina v. Dye, Franklin County Court of Common Pleas, Case
No. 99-CVA-11-9569.
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Related legal case
Javorina v. Dye
| Year | 2002 |
|---|---|
| Cite | Franklin County Court of Common Pleas, Case No. 99 |
| Level | State Trial Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 641858 |
| Injunction Status | N/A |