Anne P. Keeton

Biography

Anne enjoys a diverse civil litigation and appellate practice focusing on personal injury defense, product liability defense, fire and arson claims, defense of mental health organizations, employment discrimination, and insurance coverage issues. She also advises several school districts on various education law matters and has represented teachers and administrators in civil suits.

Anne thrives on the challenges of defense litigation, representing corporations and individuals alike. Her trial experience includes the defense of a national corporation on remand of a multi-million-dollar punitive damage award, and the successful defense of a young woman sued on a six-figure claim by an insurance company after a fire broke out at her apartment complex, as well as other personal injury litigation. In addition to her success in the courtroom, Anne has extensive experience briefing dispositive motions, achieving favorable decisions in numerous cases, among them a multi-million-dollar products liability suit. Anne has also conducted successful appeals in the Ohio Supreme Court, and Ohio’s First, Second, Third, Tenth and Twelfth District Courts of Appeals as well as the United States District Court for the Southern District of Ohio.

Anne holds an AV® Preeminent™ Rating. The “AV®Preeminent™ Peer Review Rating” is given to less than 5% of all attorneys across the United States and means that Anne “has been rated by Judges and fellow attorneys as having the highest level of professional ethics for legal ability and ethical standards.” One Judge described Anne as “a superb litigator” and a “fierce advocate … [whose] legal knowledge, both substantive and procedural, is broad and deep.” Local attorneys described Anne as “outstanding.” Anne was also named as an Ohio Rising StarSuper Lawyer by Law & Politics magazine in 2005 and 2010-2014. The award is peer nominated, and only 2.5% of lawyers in the State of Ohio are named.

Anne is active in the legal community. She serves as Acting Magistrate in Dayton Municipal Court.  Having served two years as the Programming Chair for the Carl D. Kessler Inn of Court, Anne is now in her second year as its President and also serves on its Executive Committee. Anne has co-chaired the Dayton Bar Association’s Solo/Small Practice Committee and was honored to serve as co-chair of the DBA’s 2013 Bench Bar Conference. Anne is a member of The Lawyer’s Club of Dayton. She is a member of the Ohio State Bar Association’s Leadership Academy Class of 2014 and now serves on its advisory committee.

Community commitment is important to Anne. Anne was named among the Dayton Business Journal’s Top 40 Under 40 for 2014. She served on the Associate Board for the Dayton Art Institute, planning the Art Institute’s annual Oktoberfest and Art Ball fundraisers. Anne is now a member of the Women’s Board for Dayton Children’s Hospital.
Anne lives in Kettering, Ohio with her husband Mark, and their two sons. The Keetons are avid UK and UVA fans, but have been known to cheer a time or two for OSU, UD, and WSU. When not serving her clients, Anne revels in time spent with her husband, Mark, and their two sons.

Education

  • J.D., University of Kentucky (2003)
  • B.A., University of Virginia (2000)

Bar Admissions

  • Supreme Court of Ohio
  • Supreme Court of the United States
  • United States Court of Appeals for the Sixth Circuit
  • United States District Court Southern District of Ohio

Memberships

  • Dayton Bar Association
    – Solo/Small Practice Committee, co-chair
  • Carl D. Kessler Inn of Court
    – Executive Committee Member
    – Programming Committee Chair
  • The Lawyer’s Club of Dayton
  • Ohio State Bar Association
  • Ohio Council of School Board Attorneys
  • Ohio Association of Civil Trial Attorneys

Community Involvement

  • Women’s Board of Dayton Children’s Hospital
  • Dayton Art Institute, Associate Board
  • Hospice of Dayton, Foundation Board

Primary Practice Areas

  • Insurance
  • Education Law
  • Employment & Labor
  • Business Litigation

Representative Experience

Insurance – Personal Injury

  • Dickens v. Bloomingdale (Apr. 2, 2010), Mont. Cty. Case No. 2009-CV-407. Defended driver against personal injury suit where plaintiff doctor claimed herniated disc from auto accident, resulting in an excellent verdict for the client.
  • Fry v. Cho (January 30, 2013), Montgomery Cty. Case No. 2011-CV-6276.  Obtained unanimous defense verdict in disputed-liability car accident case.  The plaintiff had sought a six-figure verdict for her injuries.

Insurance – General Liability and Casualty

  • Schrolucke v. Auglaize Farmers Cooperative, Auglaize County Case No. 05-CV-0103. Obtained summary judgment on behalf of Auglaize Farmers Cooperative on an employer intentional tort claim arising from a grain dust explosion.

Insurance – Declaratory Judgment

  • State Farm Mutual Automobile Ins. Co. v. Gourley, Franklin Cty. Case No. 10CVH-08-12271.  Obtained summary judgment in a declaratory judgment action where the insured had intentionally rammed another vehicle but claimed that she had not intended injuries.  Summary judgment upheld by the Tenth Appellate District in No. 12AP-200, 2012-Ohio-4909.

Insurance – Fire & Arson

  • Auto-Owners Mutual Insurance Company, et al. v. Lori B. McGohan, et al. (April 28, 2008), Mont. Cty. Case No. 2005-CV-9214. Unanimous defense verdict in subrogation trial against young woman accused of causing apartment building fire.
  • The Lofts at Graydon Place Unit Owners Assoc. v. Showe Management Corp. dba Metropole Apts., Hamilton Cty. Case No. A0804053.  Represented Fenton Rigging & Contracting, Inc. on alleged roof fire claim at upscale downtown Cincinnati apartment building.  Handled claim from pre-suit fire investigation, through contested liability litigation, to successful settlement.

Product Liability

  • Asbury v. EZ Lock, Inc. (2007), Mont. Cty. Case No. 05-CV-530. Multi-million dollar products liability case in which a successful Daubert challenge excluded the plaintiff’s primary expert and resulted in summary judgment for the defendant.
  • Coffey v. AK Steel Corp., et al.,Butler County No. CV 2008 05 2371. Defended BR Retreading, Inc. in complex negligence and products liability suit involving tire explosion, with claims voluntarily dismissed following settlement by all other defendants.

Community Mental Health Organization Defense

  • Green v. Logan County, Ohio, et al., U.S. District Court, S.D. Ohio No. 2:07-CV-778. Attained judgment on the pleadings on negligence and Section 1983 claims for a mental health organization and licensed social worker arising out of a brutal murder by a juvenile sex offender. Plaintiff’s request for leave to amend was denied due to its futility.

Employment & Labor

  • Ginwright v. Dayton Board of Edn., et al. U.S. District Court, S.D. Ohio No. 3:08-CV-298. Obtained grant of summary judgment on disability discrimination and breach of contract claims.

Education Law

  • Mad River Loc. Sch. Dist. Bd. of Edn. v. Athletic Design/Build Grp., Ltd., et al.,Montgomery County No. 08-CV-00417; Prosecuted breach of contract claim arising out of faulty track construction to successful settlement.
  • Bellow, et al. v. Spence, et al.(April 30, 2013), Montgomery County Case No. 2011 CV 04745.  Obtained summary judgment on behalf of a high school nurse and high school assistant principal sued by a student and her family after the student was allegedly raped as she walked home following a suspension from school.

Business Litigation

  • John Blust, et al. v. Lamar Advertising Company (June 13, 2008), Mont. Cty. Case No. 01-CV-2035. Defended a national corporation in a week-long jury trial on remand of complex punitive damages claim resulting in a seven figure reduction in the amount of the damages award.

Appellate

  • Lovett v. Tyree, First Appellate Dist. No. C-050266. Successful appeal upholding summary judgment in slip and fall case.
  • Uhl v. Thomas, Twelfth Appellate Dist. No. CA2008-06-131, 2009-Ohio-196. Defended summary judgment to success in the Court of Appeals in premises liability case involving barn roof collapse.
  • State Farm Mutual Automobile Ins. Co. v. Gourley, Tenth Appellate Dist. No. 12AP-200, 2012-Ohio-4909.  Successfully defended summary judgment on behalf of insurer in declaratory judgment coverage action.

Recognitions

Anne Keeton Martindale AV Rating

  • Ohio Rising Star Super Lawyer, Law & Politics Magazine, 2005, 2010 – 2014
  • Commissioned by Gov. Paul Patton as a Kentucky Colonel for service to the Commonwealth of Kentucky, 1998 – present

Presentation

  • Summary Judgment: What You should Know about Civil Rule 56, Continuing Legal Education Seminar for the Dayton Bar Association, 2006
  • Cyberbullying: What to do when Sticks and Stones Go Digital, Legal Issues for School Personnel Seminar, Greene County ESC, 2011

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