Professional Experience
Elizabeth is a partner in the firm's Product Liability Litigation and Business Litigation practice groups and is Chair of the Product Liability Litigation Group. She has extensive experience in automotive, aviation, and pharmaceutical and medical device product liability litigation, and represents manufacturers of aircraft components, airframes, medical devices, pharmaceuticals, and other commercial and consumer products. She is national counsel for a major commercial food equipment manufacturer, a major power tool manufacturer, an aviation component manufacturer, and an automotive manufacturer, and also serves as national lead trial counsel for a pharmaceutical manufacturer in hormone replacement therapy litigation. She has tried cases for these manufacturers across the country.
Court Admissions
- United States Supreme Court
- Supreme Court of Ohio
- United States Court of Appeals for the Sixth Circuit
- United States District Court, Northern District of Ohio
- United States District Court, Southern District of Ohio
- United States District Court, Southern District of Indiana
- United States District Court, District of Colorado
Education
- Duke University School of Law, J.D., 1984
- College of William and Mary, B.A., 1981
The following are representative of Elizabeth's recent trials that went to verdict:
- A police officer was severely burned in his police cruiser when he was rear-ended by an intoxicated driver in an accident with a closing speed of approximately 80 miles per hour. He sued the vehicle manufacturer alleging design and manufacturing defects in the fuel tank system and failure to warn with respect to the alleged risk of fire in such crashes. The case was tried to a jury in Mahoning County, Ohio, and the jury returned a defense verdict.
- An experienced HVAC contractor was using a cordless framing nailer to affix a ceiling box to a ceiling when he was hit by a nail. He sustained an eye injury and brought suit against the nailer manufacturer alleging defects in the design and manufacture of the nailer related to the lockout bar spring. The case was tried to a jury in federal court in Oklahoma City, and the jury returned a defense verdict.
- An airline operator and its insurer paid $95 million in settlement of claims brought by the families of passengers involved in an airplane crash where all 29 persons on board were killed. The insurance company then brought suit for contribution and indemnity against the manufacturer of the airplane’s deicing boots. The insurer alleged that the boots were defective in design and that the deicing boot manufacturer had failed to warn and/or instruct as to when the boots were to be operated. The case was tried to a jury in Summit County, Ohio and resulted in a defense verdict.
- A 28-year-old man was injured in a 1991 automobile accident and was rendered a quadriplegic. He alleged a variety of defects including restraint design, structural design and failure to equip the automobile with an airbag. The case was tried to a jury in Lake County, Ohio and resulted in a defense verdict.
- A 72-year-old, 5-foot, 120-pound woman was involved in an accident during which her airbag deployed. She suffered a basilar skull fracture, brain damage, a fractured ulna and a subdural hematoma. She alleged that the airbag was defective in design and that the manufacturer failed to warn of the dangers of the airbag. The case was tried to a jury in federal court in Toledo, Ohio and resulted in a defense verdict.
- An elderly couple was injured when their vehicle struck a house. The husband suffered brain damage and had been in a coma for four years prior to trial. His wife suffered a broken hip and other related injuries. They alleged that their vehicle had a defective cruise control which caused it to suddenly accelerate. The case was tried to a jury in Cuyahoga County, Ohio and resulted in a defense verdict.
- A 30-year-old man fractured his pelvis and was rendered impotent and incontinent when he jumped out of a medium duty truck when the truck's brakes failed. He alleged that the truck was defective in design due to its failure to incorporate a split circuit hydraulic brake system. The case was tried to a jury in federal court in Columbus, Ohio and resulted in a defense verdict.
- A college student was injured when his vehicle collided with a bus. He alleged that the body mounts in his vehicle were defective, causing him to lose control. The body mounts had been the subject of a voluntary recall. The case was tried to a jury in federal court in Toledo, Ohio and resulted in a defense verdict.
- An elderly man lost control of his vehicle and slammed into a mother and daughter who were pedestrians. The mother suffered a fractured back, a fractured scapula and a fractured clavicle. The daughter suffered a closed head injury and brain injury. The driver of the vehicle designated the automobile manufacturer as a responsible non-party in the suit filed against him by the mother and daughter. The plaintiffs retained Elizabeth to represent them on the driver's affirmative claim that the cruise control of the vehicle was defective and caused a sudden, unwanted acceleration. The case was tried to a jury in Denver, Colorado. The jury rejected the driver's claim of product defect and entered a verdict in favor of the plaintiffs in the amount of $848,000 plus interest.
- A former controller, assistant treasurer, and senior financial officer, brought an action for alleged breach of an employment security agreement by the defendant which had acquired plaintiff's former employer. He claimed that his job duties had been substantially reduced and that his travel violated the agreement. He resigned his employment. The case was tried to a jury in January 2000 for 7 days in Cuyahoga County Court of Common Pleas and resulted in a defense verdict.
- The following are some of the decisions in which Elizabeth has been involved:
- Buck v. Ford Motor Co., 2011 U.S. Dist. LEXIS 97380 (N.D. Ohio, Aug. 30, 2011).
- Wilhite v. Howmedica Osteonics Corp., 2011 U.S. Dist. LEXIS 64843 (N.D. Ohio, June 20, 2011).
- Shannon v. Hobart, 2011 U.S. Dist. LEXIS 12312 (E.D. Penn., Feb. 8, 2011).
- Utz v. Howmedica Osteonics, Corp., 2009 U.S. Dist. LEXIS 123973 (N.D. Ohio, Mar. 31, 2009).
- Berghoff v. Davey Tree Expert Co., 2009 Ohio App. LEXIS 515 (8th App. Dist., Feb. 12, 2009).
- Judith Watson v. Ford Motor Company, 2007 Ohio App. LEXIS 5576 (6th App. Dist., Nov. 30, 2007).
- Brown v. Teledyne Cont'l Motors, Inc., 2007 U.S. Dist. LEXIS 18179 (N.D. Ohio, Mar. 15, 2007).
- Zappola v. Stryker Leibinger, 2006 Ohio App. LEXIS 2058; CCH Prod. Liab. Rep. P17,451, (8th App. Dist., May 4, 2006).
- United States Aviation Underwriters, Inc. v. BF Goodrich Company, Case No. 20873 (Summit Cty., Ohio Ct. App., Oct. 9, 2002).
- Jones v. Allercare, Inc., 203 F.R.D. 290 (N.D. Ohio 2001).
- Beverly M. Fisher v. Ford Motor Co., 224 F.3d 570 (6th Cir. 2000).
- Beverly M. Fisher v. Ford Motor Co., 13 F.Supp. 2d 631 (N.D. Ohio 1998).
- Beverly M. Fisher v. Ford Motor Co., 178 F.R.D. 195 (N.D. Ohio 1998).
- Dent v. Ford Motor Co., 83 Ohio App. 3d 283, 614 N.E.2d 1074 (9th App. Dist., 1992)
- Mathew Hall v. Hennessy Industries, Inc., 1998 U.S. App. LEXIS 28056 (6th Cir., 1998).
- Virginia Manigault v. Ford Motor Co., 2000 Ohio App. LEXIS 4950 (8th App. Dist., Oct. 26, 2000).
- Virginia Manigault v. Ford Motor Co., 134 Ohio App. 3rd 402 (8th App. Dist., 1999).
- Raymond Richard Nelson v. Ford Motor Co., 2001 Ohio App. LEXIS 3288 (11th App. Dist., July 20, 2001).
- James Hoover v. Ford Motor Co., 1991 Ohio App. LEXIS 3177 (9th App. Dist., 1991).
- In re Election of November 6, 1990 for the Office of Attorney General of Ohio, 58 Ohio St. 3d 103, 569 N.E.2d 447 (1991).
Professional & Civic Involvement
Professional Associations
American College of Trial Lawyers · Fellow
International Society of Barristers · Fellow
John M. Manos Inn of Courts · Master Bencher
Defense Research Institute
International Association of Defense CounselCommunity Activities
The Junior League of Cleveland, Inc.
Alzheimer's Association · Board of Trustees, 1999 - 2003- A Focus on Expert Testimony: Special Nuances in the Selection of Experts, Strategically Preparing & Defending Daubert Challenges, and Debunking Junk Science, American Conference Institute Defending and Managing Aviation Litigation Forum, June 22, 2010
- Judicial Insights on Drug and Medical Device Litigation - Moderator, Marcus Evans Drug and Medical Device Litigation Forum, April 15, 2010
- Jury Communication and Advocacy During Opening/Closing Statements and Otherwise: Using Demonstrative Evidence and Themes, Telling a Detailed Story, and Overcoming Sympathy for Plaintiffs, American Conference Institute Defending and Managing Aviation Litigation Forum, June 24, 2009
- Assessing the Risks of Direct to Consumer Advertising, Marcus Evans Drug and Medical Device Seminar, March 3, 2009
- Developments in Federal Practice: Discovery and Motions, Ohio State Bar Association Convention, May 15, 2008
- Ethics & Professionalism, Ohio State Bar Association/American College of Trial Lawyers, November 29, 2007
- Off-Label Issues in Pharmaceutical and Medical Device Product Liability Litigation, ACI Drug and Medical Device Conference, December 12-14, 2006
- Ethics & Professionalism, Ohio State Bar Association/American College of Trial Lawyers, November 30, 2006
- Recognized as a BTI Client Service All-Star, 2011
- Named a Top 50 Women Ohio Super Lawyer by Ohio Super Lawyer Magazine 2011-2012
- Named a Top 100 Ohio Super Lawyer by Ohio Super Lawyer Magazine 2011-2012
- Listed in The Best Lawyers in America, 2012
- Martindale-Hubbell · AV Rated