First Admitted: 1994, Ohio

Professional Webpage: https://www.kmetzlegal.com/attorney/kimberlee-j-kmetz/

Bar/Professional Activity:

National Association of Professional Women
Ohio State Bar Association, Mahoning County Bar Association, Defense Research Institute

Verdicts/Settlements (Case Results):

Breach of Contract, Ecclesiatstic Abstention Doctrine: Adkison, et al. v. Williams, et al. 18 CA 119 (5th Dist. Court of Appeals, October 17, 2019) Plaintiffs, a group of members of a church, filed suit against church, board and individual members alleging breach of contract when they were dismissed from membership of the church. Plaintiffs alleged breach of contract for failure to aboide by the church by-laws when terminating membership and breach of fiduciary duty relating to church funds. Claim also for infliction of emotional distress stemming from dismissal from church. Kmetz Law, LLC, on behalf of Defendants, argued lack of subject matter jurisdiction based upon the Ecclesiastic Abstention Doctrine. The Trial Court granted Defendants' Motion to Dismiss and Plaintiffs appealed. Following oral arguments, the 5th Distict Court of Appeals agreed with Defendants that the Ecclesiastic Abstention Doctrine barred the exercise of jurisdaiction over the claims brought by Plaintiffs and affirmed the Trial Court's decision dismissing the case in its entirety., 2019
Construction Defect: Gale v. Pattie Group, Inc. CV-14-824827. Kmetz Law, LLC, on behalf of Defendant, Pattie Group, Inc. received a favorable Jury verdict after 5 day trial awarding plaintiff homeowners zero damages in suit alleging breach of contract for alleged defective and incomplete construction of residential waterfall and landscaping and violation of CSPC. Defendant prevailed on its counterclaim for breach of contract for failure to pay for work performed., 2015
Workers Compensation: Parrish v. Cavaliers Holdings (8th Dist. Court of Appeals) 2019-Ohio-89. Kmetz Law,, LLC, on behalf of Defendant/Appellee, Cavaliers Holdings, succesfully defended claim involving "going an coming rule". The 8th District Court of Appeals, in affirming the Trial Court's decision granting defendant's motion for summary judgment finding Claimant/Appellant not in scope of employment pursuant Ohio “going coming rule” while walking to fixed situs place of employment from public parking lot and sustaining fall in public walkway not owned or controlled by employer, 2019
Premises Liability: Ellis v. Beulah Beach 2014 CV 0282 (6th District. Court of Appeals E-15-0074) Kmetz Law, LLC, on behalf of Defendant, prevailed on its Motion for Summary Judgement where plaintiff sustained serious injury as a result of fall backwards down stairway on defendant ‘s premises claiming fall due to “defect” of handrail only on one side of the stairwell. Trial court held that lack of a handrail one one side of the stairway was open and obvious to plaintiff, a business invitee, and dismissed the case. Appeal to 6th District dismissed by plaintiff., 2015

Pro bono/Community Service:

Coached law students at the University of Akron in the trial team program to several championships throughout the country. Three-time host of the ALTA Regional Competition where law students from different cities in Ohio, and nearby states. competed and were judged by volunteer sitting judges and local attorneys in Youngstown, Ohio, 2003

Honors/Awards:

Honored for growing, furthering and supporting women in business, Professional Woman of the Year, National Association of Professional Women, 2014
Awarded to recognize dedication in furthering the goals and purposes of the Bar Association both within the membership and in the community as well, Distinguished Service Award, Mahoning County Bar Association, 2005

Educational Background:

Youngstown State University - B.A. English/Secondary Education, Cum Laude, 1991

Kimberlee Jo Kmetz

Kimberlee Jo Kmetz

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