Hemmer Paul K

Divorce Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys

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AKA: Hemmer, Paul, JD
Categories: Divorce Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys, Attorneys, Bankruptcy Law Attorneys, Business Law Attorneys, Child Custody Attorneys, Construction Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Employee Benefits & Worker Compensation Attorneys, Family Law Attorneys, General Practice Attorneys, Immigration Law Attorneys, Labor & Employment Law Attorneys, Malpractice Law Attorneys, Personal Injury Law Attorneys, Real Estate Attorneys, Wills, Trusts & Estate Planning Attorneys

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Phone: (614) 547-0350

Address: 7100 N High St Ste 301, Worthington, OH 43085

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Hemmer Paul K

Child Support
Â€¢ R.C. 4123.311 permits the Bureau to require electronic funds transfers for payments and R.C. 3121.0371 requires the Bureau to first pay the attorney fees from an award otherwise subject to withholding for child support.
Adoption
Legal Separation

Fraud
Assault
Forgery
Although a bank is not supposed to pay a check on a forged signature, the law imposes a duty on the bank's customer to take appropriate care to make sure of a forgery does not occur. Unless the bank's customer has taken appropriate care, the bank will not be liable for paying on a forged check. In Jurcisin v. Fifth Third Bank, 139 Ohio Misc.2d 1, 2006-Ohio-5291, the Clermont County Common Pleas court held that an account holder, not the bank, was responsible for checks forged by her roommate and chashed by the bank. Ohio RC 1303.49 imposes a duty on a bank customer to exercise ordinary care. If a bank customer fails to exercise ordinary care that substantially contributes to an alteration of or to the making of a forged signature on an instrument, the bank customer is precluded from complaining that the bank cashed the instrument. Similarly, an employer who negligently supervises an employee who has access to the employer's checks is precluded from asserting the forgery against the paying bank. G.F.D. Ents, Inc. v. Nye, (1988), 37 Ohio St.3d 205, 525 N.E.2d 10.

Business and Corporate Law

Corporate Law
Business Disputes
For more in piercing the corporate veil, see our discussion of the Belvedere and Winegar cases on our business law page.
Business Transactions
Our business lawyers have many years of experience in business representation, both commercial litigation and business transactions, such as the buying or selling of a business and representing creditors in bankruptcy. For more information, see our Business Law and other related pages.
Limited Liability Companies
Limited liability companies (LLCs) were created to provide businesses the tax benefits enjoyed by partnerships without the unlimited liability that general partners have. Limited liability companies have the liability protections of corporations. But they are taxed very differently (unless the limited liability company elects to be taxed as a corporation).
Construction Contracts
Ohio's Fairness in Contracting Act made several significant changes to Ohio law. Generally, two parties may, by contract, agree to form any contractual relationship that is lawful. However, the Fairness in Contracting Act made a number of common provisions of construction contracts and subconctracts void and unenforceable. In summary, they are...

Workers Compensation
In March 2006 the Ohio legislature passed Senate Bill 7 which included extensive amendments to the Ohio Workers Compensation statutes. The Bill was supported by the Ohio Chamber of Commerce and other business groups and the changes are effective June 27, 2006. Following is a summary of many changes affecting the Bureau of Workers Compensation, employers and injured workers...
Employment Contract
Even doing all the recommended things may not be enough to protect you from personal liability on corporate contracts. See the case of Mabry-Wright v. Zlotnik, 165 Ohio App.3d 1, 2005-Ohio-5619, where the Third District Court of Appeals affirmed a finding of damages against the founder of a nonprofit corporation on a corporate employment contract. The lesson is that nothing in the law is as certain as we would like.
Severance Agreement

Real Estate Litigation
In Loomis v. Troknya 2006-Ohio-731 (6th Dist. App.), the court of appeals affirmed a trial court's finding that there was no real estate fraud. The homeowner seller knew that the home's leach bed system did not comply with Health Department regulations. During inspection, seller informed buyer that the septic system did not meet current code. Later an inspector questioned whether there was any leach bed at all. The buyer sued for fraud claiming that the seller had wrongfully concealed that absences of any leach bed. The court of appeals said that the buyer was on notice of a problem and could not maintain the action for fraud.
Construction Litigation
Construction Law (See Architect Engineer Law for discussion of 10 year statute of repose enacted by the Ohio General Assembly in 2005)
Easement
Property Damage
Seek prompt medical attention following an injury, give a precise history of how you were injured and carefully follow your doctor=s advice. Any record the doctor makes will become part of your claim. Make every effort to collect and preserve as much evidence as possible. Record the names and contact information of any important witnesses. Take photos of the damaged vehicle before it is repaired or hauled away. Consider that Ohio law allows recovery for physical pain, lost earnings, medical bills, disability, disfigurement, property damage and other out of pocket expenses. So, photograph your injuries, casts, braces and splints. Save receipts for all reimbursable expenses related to your injuries and make a list of physicians and therapists you see.

Immigration Law

Citizenship and Naturalization

Personal Injury
In Whitaker v. M.T. Automotive, Inc., 111 Ohio St.3d 177, 2006-Ohio-5481, the Ohio Supreme Court approved and then tripled non-economic (i.e., emotional distress) damages in a Consumer Sales Practices Act case. The defendant automobile dealer had agreed to provide a truck to the consumer at a specific monthly lease rate and had represented that a bank had approved the lease. The consumer sold his previous vehicle and put a substantial down payment on the lease. When the consumer came to pick up the newly leased vehicle, he was told the bank had not approved the agreed lease payment, but had approved a substantially higher lease payment. The consumer refused the higher payment and the dealer purported to cancel the contract. The automobile dealer refused to refund the deposit claiming that the consumer had breached his contract. Although the Consumer Sales Practices Act excludes personal injury claims, the Supreme Court approved awarding emotional distress damages in addition to pecuniary damages. Furthermore, because the Consumer Sales Practices Act triples actual damages (under certain circumstances) non-economic damages in this case were also tripled.
Medical Malpractice
The Ohio Supreme Court in Schirmer v. Mt. Auburn Obstetrics & Gynecologic Assoc., Inc., 108 Ohio St.3d 494, 2006-Ohio-942, approved a cause of action for "wrongful life," but limited the amount of damages to the costs of the pregnancy and birth. In Schirmer, the physician allegedly committed malpractice in failing to diagnose conditions likely to lead to an unhealthy, abnormal baby, so the parents could not decide to have an abortion. In the court's words, "Parents of an unhealthy child born following negligent genetic counselling or a negligent failure to diagnose a fetal defect or disease may bring a medical malpractice action for those costs arising from the pregnancy and birth of the child."
Auto Accidents
Disability Discrimination
In Ohio Civ. Rights Comm. v. Fairmark Dev., Inc., 2008-Ohio-6511, the Franklin County Court of Appeals affirmed the common pleas court's dismissal of a Civil Rights Commission complaint brought against the architect and developer of an apartment building completed in 1998, alleging that the defendants engaged in discriminatory design and construction practices, because the buildings were not adequately designed and construction constructed to be accessible to physically disabled persons in accordance w ith the Fair Housing Act of 1988. The allegedly inaccessible features included (1) thermostats and/or thresholds that are too high; (2) doorways and hallways that are too narrow; (3) inadequate clear floor space in bathrooms and kitchens to enable a person in a wheelchair to maneuver about the room; and (4) noncompliant door handles, handrails, ramps, sidewalks, and parking spaces. Although the Court held that the statute of limitations bars some of the relief requested, there is no statute of limitations barring injunctive preventive relief under RC 4112.052 for public wrongs involving unlawful discriminatory practices. However, the relief sought by the Civil Rights Commission was a retrofitting of the building or the creation of a "retrofitting fund." Because the purpose of preventive relief is to prevent future injury not redress past wrongs, the court concluded that neither retrofitting nor the creation of a monetary fund for the purpose of retrofitting is preventive relief permitted in RC 4112.052. The Court of Appeals therefore affirmed dismissal of the complaint.

Trusts and Estates

Estate Planning
If you need a will or estate planning, Click on Will Questionnaire and call for an appointment with Paul Hemmer. If a loved one dies, we will help you through the challenge of settling and administering a probate estate.
Wills
Trusts
Power of Attorney
Paul K. Hemmer represents clients in estate planning, preparing Wills, Trusts, Powers of Attorney and related documents. He also represents families in the administration of their estates in probate courts in Franklin County and other Central Ohio counties. He has more than thirty- five years of experience helping victims of work related injuries under the Ohio Workers' Compensation statutes and against railroads under the Federal Employers Liability Act (FELA). Mr. Hemmer has successfully litigated cases in federal and state courts throughout Ohio and in numerous other states. He also represents victims of serious personal injuries, motor vehicle accidents, motorcycle and truck accidents. Email: [email protected]
Probate

Bankruptcy
There are two types of bankruptcy most commonly seen. A chapter 7 bankruptcy results simply in liquidation of a creditor's assets supposedly for the benefit of the creditors. Usually the trustee, if anyone, benefits the most. If the bankruptcy is a "no asset" estate, count no not collecting anything from that debtor.
Debt Collection
The Federal Fair Debt Collection Practices Act was initially enacted to protect consumers from professional collectors. Although the Act has been expanded beyond its original intent by both by legislation and by court decision, it's still does not apply to collection actions by the original debtor (i.e., the architect trying to collect its own debt) or generally to business debts. In cases involving architectural fees, it applies to collection of fees for the design of a home, for example, when the architect is hired by the homeowner, but only if a professional collector attempts to collect the fee.

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