Mark R Koberna

Profile:

Since Mark joined Sonkin • Koberna in 1996, he has handled a wide variety matters for the firm’s diverse client group. Mark is an accomplished trial lawyer who has obtained significant verdicts, arbitration awards and settlements in many different kinds of cases, ranging from complex construction litigation to medical malpractice. Mark has significant experience in the area of real estate litigation, business disputes, shareholder and partnership disputes, as well as litigation arising from noncompetition agreements, misappropriation of trade secrets and other employment-related matters.

Mark has extensive experience representing attorneys and medical professionals in cases involving partnership dissolutions and employment terminations. Prior to joining Sonkin • Koberna, Mark was a partner in the Litigation Group of Baker & Hostetler, LLP, a large, national law practice. At Baker & Hostetler, Mark’s practice was focused in the area of general commercial litigation. He was the principal trial attorney responsible for disputes involving business relationships (e.g., partnership and shareholder disputes), real estate, employment and other kinds of complex contract, class action and business disputes. During his years at Baker & Hostetler, Mark also gained significant experience representing owners, architects, contractors and engineers in construction disputes.

Mark is also the lead trial lawyer in cases involving personal injury, consumer litigation and professional negligence. He represents injured persons and their families in a wide range of cases, including automobile collisions, workplace accidents, product liability, premises liability and medical malpractice.

Representative Engagements:

• 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
  
• 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
  
• 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
  
• 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 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
  
• 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
  
• Since 2005, received in excess of $7 Million in medical malpractice verdicts and settlements in Ohio
• 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
  
• 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 facillities
  
• 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
• 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 favorable settlement for owner of apartment complex in dispute involving premature failure of concrete parking deck
• Obtained jury verdict on claims for undue influence and duress in favor of elderly couple, resulting in order vacating quit claim deeds transferring ownership of apartment buildings with market value exceeding $4 million.
• $59,000.00 recovery for 64 year old who sustained soft-tissue damage injuries to his back in failure to yield case.
• Confidential settlement of multiple cases involving destroyed embryos resulting from freezer malfunction.
• Confidential settlement of claims filed on behalf of landlord against operator of 48 fast food restaurants located through the State of Ohio who failed to obtain landlord consent to transfer of general interest in private venture transaction.