Partner Carolyn Cappel began her career at Weston Hurd in 1975 when she was hired as a docket clerk while attending the Cleveland-Marshall College of Law. Carolyn is a trial attorney whose practice focus includes products liability, intentional tort, employment litigation, construction litigation and personal injury. Whether providing vigorous defense of unfounded claims or advising resolution when appropriate, Carolyn keeps everyone on the same page by effectively communicating each step of the process. Carolyn is admitted to practice in the U.S. District Court for the Northern District of Ohio, the U.S. Sixth Circuit Court of Appeals and before the United States Supreme Court. She received her B.A. from Indiana University, her J.D. from Cleveland-Marshall College of Law and gained her admission to the Ohio Bar in 1977. Carolyn is a member of the International Association of Defense Counsel and the Ohio State and Cleveland Metropolitan Bar associations. She has been honored with selection for membership in The Judge John Manos Inn of Court, the Cuyahoga County and Federal Court Mediation and Arbitration Panel, and the American Board of Trial Advocates. Carolyn is an AV Preeminent®-rated attorney by Martindale-Hubbell and since 2007, has been listed in the Best Lawyers in America® for Insurance Law and Product Liability Litigation. In 2013, Carolyn was recognized by the Best Lawyers in America® as a “Lawyer of the Year” in Cleveland for Product Liability Litigation – Defendants. Beginning in 2014, Carolyn has been named by Ohio Super Lawyers (Thomson Reuters) for her work in Personal Injury-Defense. Since 2018, Ohio Super Lawyers has named Carolyn to its list of Top 50 Women in Ohio and Top 25 Women in Cleveland. For 12 years, Carolyn was Weston Hurd’s Managing Partner, the firm’s first female and longest-serving attorney to hold this role.
Press, Publications and Presentations
In products liability, represent manufacturers in litigation matters involving a variety of products including: cornpicker, dock leveler, water heater, dishwasher, paint emulsifier, riding mower, pool light, diet program dietary supplement, industrial lifting tongs, baby walker, table saw and sprinkler systems.
Products Liability Matters:
-Kotrlik v. J. I. Case Company – cornpicker
-Rigby v. Rite-Hite – dock leveler
-Sasino v. Amaro – water heater
-Buckeye v. Westinghouse – dishwasher – fire
-Sherwin Williams v. Flood Company – paint emulsifier
-Johnson v. J. I. Case Company – riding mower
-Golden v. KDI Paragon – pool light
-Magee v. Alcoa – industrial lifting tongs
-Quennleville v. Mt. Sinai – diet program dietary supplement
-Stear v. Roper – riding mower
-LaMarr v. Graco – baby walker
-Kotowski v. DIY Home Warehouse – table saw
-Royal v. J.C. Penney – fire loss/sprinkler
In workplace intentional tort matters, represent Ohio employers who are sued by their employees in matters such as: crushing and amputations from equipment, electrocutions, deaths and injuries from falls from and through roofs, etc.
Intentional Tort Experience:
-Wrongful death - fall through a silo into a baler
-Amputated finger on plastic molding machine
-Electrocution on job site
-Hand injury on aluminum can coating equipment
-Hydraulic boom on lift truck inadvertently raised, striking bridge and operator lost control
-Crushing injury between forklift and truck
-Amputation of hand in press
-Mangled hand in box making machine
-Temporary support wall fell striking plaintiff
-Construction site injury - lift vehicle raised pinning plaintiff
Representative workers’ compensation experience involves VSSR claims, always on behalf of the employer and generally in conjunction with the handling of employer intentional tort claims as they tend to evolve together; handling workers’ compensation hearings at various levels, and representing employers before the Industrial Commission.
Honors, Awards and Civic/Community Involvement