Jared A. Wagner
Jared is an experienced trial attorney, focusing primarily on insurance defense and coverage, municipal liability, § 1983 defense and constitutional issues, and appellate litigation. His practice extends throughout the state of Ohio, and he regularly defends clients in Ohio’s various common pleas and municipal courts, as well as in both the northern and southern United States federal district courts. Jared has also successfully argued and presented matters before the Ohio Supreme Court, many of Ohio’s state appellate courts, and the Sixth Circuit Federal Court of Appeals. A number of the cases Jared has briefed and argued have resulted in not only favorable outcomes for his clients, but also the establishment of important judicial precedents. The following is a representative list of cases in which Jared was involved:
Foley v. Univ. of Dayton, 2016-Ohio-7591 (Ohio Supreme Court 2016) – Overturning several decades of lower appellate court decisions that had created a tort for the “negligent misrepresentation” of a criminal suspect to the police, the Ohio Supreme Court adopted the position put forth by Jared in his briefs and arguments and found that no such tort existed under Ohio law.
Stolz v. J&B Steel, Inc., 146 Ohio St.3d 281, 2016-Ohio-1567 (Ohio Supreme Court 2016) – Considering a certified question of law from the U.S. federal district court, the Ohio Supreme Court found that subcontractors working on a construction project that are enrolled in a comprehensive workers’ compensation program under R.C. 41235.35(O) are entitled to immunity from tort claims brought by employees of other enrolled subcontractors.
Crawford v. Geiger, 656 F App’x 190 (6th Cir. 2016) – Overturning the trial court’s decision denying an officer qualified immunity on an excessive force claim.
Crawford v. Geiger, 131 F. Supp.3d 703 (N.D. Ohio 2015) – Dismissing the First Amendment claim based on an alleged violation of the right to film police activity upon a finding that such a right is not clearly established.
Main v. City of Lima, 2015-Ohio-2572 (3d Dist. 2015) – Affirming dismissal of the negligence claim related to plaintiff stepping on an allegedly unsecured manhole cover on a sidewalk due to the failure to allege facts sufficient to overcome the City’s statutory immunity.
Soup v. Doyle, 974 F.Supp.2d 1058 (S.D. Ohio 2013) – Dismissing false arrest claims against police officers on the grounds that the seizure was appropriate under the community caretaker exception.
Haas v. Village of Stryker, 2013-Ohio-2476 (6th Dist. 2013) – Dismissing the Fourth Amendment malicious prosecution claim brought against a village tax administrator because the filing of a criminal complaint did not constitute a seizure.
Marks v. Reliable Title Agency, 2012-Ohio-3006 (7th Dist. 2012) – Finding that the drafter of a power of attorney does not owe a prospective fiduciary duty to the person granting rights under the power of attorney, and that the discovery rule is not applicable to determining the accrual date for a breach of fiduciary duty claim.
Colville v. Meijer, 2012-Ohio-2413 (2d Dist. 2012) – Affirming summary judgment on the basis of the open and obvious doctrine in a slip and fall case involving a puddle of water on tile floor.
Trotwood v. South Central Construction, 192 Ohio App.3d 69 (2d Dist. 2011) – Affirming summary judgment in favor of the city and school district on the basis of statutory immunity in a case arising out of the flooding of nearby homes related to the construction of a new school building.
After graduating in 2003 with a law degree from the College of William and Mary in Williamsburg, Virginia, Jared spent two years as a staff attorney for the Third District Court of Appeals in Lima, Ohio. While at the Third District, he clerked for Judges Sumner Walters and Richard Rogers and was involved in the researching, editing, and preparation of numerous published decisions.
Jared joined Green & Green in 2005 and became a shareholder in 2008. Since 2009, he has been consistently acknowledged by his peers as a rising star in the field of insurance coverage, a distinction awarded to no more than 2.5 percent of the lawyers in the state, and he was also selected to become a Fellow in the Litigation Counsel of America Trial Lawyer Honorary Society. In 2010, Jared was named one of the top forty professionals under the age of forty in the greater Dayton metropolitan area, and he has earned an AV Preeminent rating from Martindale-Hubbell, which is the highest possible rating an attorney can achieve for both ethical standards and legal ability.
Jared serves as an arbitrator for the Better Business Bureau and is a member of the Ohio, Dayton, and Federal Bar Associations. He is also an active member of the Carl D. Kessler Inn of Court, the Ohio Association of Civil Trial Attorneys, the Defense Research Institute, and the Volunteer Lawyers Project. Jared is a regular presenter on issues pertaining to municipal law, officer liability, and § 1983 constitutional claims, and he has provided training to officers on these issues.
Born in Front Royal, Virginia, Jared spent most of his youth in West Chester, Ohio and attended Ohio Northern University for his undergraduate education where he was a three year varsity letterman in football and graduated in 2000 with High Distinction. While at ONU, Jared was also involved with Phi Kappa Theta social fraternity and Omicron Delta Kappa leadership honorary society. He currently resides in Lebanon with his wife Cara and their three children. In his spare time, Jared is an active member of the Knights of Columbus St. John Paul Council 1610, and is active in both his current parish of Holy Family in Middletown where he serves on the bereavement committee, and his former parish of St. Albert the Great in Kettering, where he was elected to the worship commission. Jared has also served as a strength and conditioning coach for Madison High School in Madison Township.