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Michael S. Miller

Michael Miller

25+ years helping people with injury, wrongful death, and insurance claims, as well as claims against doctors, lawyers, nurses and nursing homes.
Volkema Thomas
(1-5 Attorneys)

Injury and Accidents

140 E. Town Street
Columbus, OH 43215

33 years



Why did you become an attorney?

I wanted to be able to help ordinary people with legal issues.

What experiences (work and personal) help you to be a better attorney?

I grew up in a large family (five sons and one daughter), and my parents also took in foster children. This has helped me learn that there is usually at least two sides to every story, and that the best way to resolve most disputes is to reach a compromise.

What made you choose your primary specialty focus of law?

When I graduated from Law School, I was trying to decide whether to accept a job offer from a big firm that would defend corporations and other wrongdoers from claims by ordinary people, or from a small firm that represented ordinary people. I was talking with the parents of one of my high school friends about my options, and she said that she thought I would be happier helping ordinary people--and she was right!

What makes your law firm unique?

We are a firm of four experienced lawyers and we all work together on our cases. Also, most small firms do not have an attorney with the amount of appellate experince that I possess.

Describe your ideal client.

Hard working regular folks.

Describe your personal interest and hobbies.

My family is my primary interest. My oldest daughter is married and has a son. I have twin daughters who are teachers. My son is still in college. When I am not working or spending time with my family, I enjoy doing minor home and car repairs for myself and my neighbors.

Describe your charitable activities.

I have done pro bono legal work, and have contributed to various charities, including Franklin County Childrens Services.

Injury and Accidents
  • Accidents
  • Dangerous Products
  • Intentional Injuries
  • Mass Accidents
  • Victims of Abuse
  • Malpractice by other professions
  • Malpractice by professionals-medical/legal

The Ohio State University
Juris Doctor (JD), 1984

Bar Association Membership

Ohio State Bar Association
Columbus Bar Association
Ohio Association for Justice
Central Ohio Association for Justice
American Association for Justice


CAREER ACKNOWLEDGEMENTS: I am peer-rated as AV for Martindale-Hubbell, which is the highest rating Martindale-Hubbell assigns to any individual lawyer and which shows that "a lawyer has reached the height of professional excellence [who] has usually practiced law for many years, and is recognized for the highest levels of skill and integrity." I was named an Ohio Super Lawyer for 2008, an honor bestowed on only 5% of Ohio attorneys each year. EDUCATIONAL ACCOMPLISHMENTS: A native of Cincinnati, I graduated magna cum laude from the University of Cincinnati in 1981 with high honors in political science and was made a member of Phi Beta Kappa. I then graduated summa cum laude in 1984 from The Ohio State University College of Law, was made member of The Order of the Coif. I was also the Issue Planning Editor for the Ohio State Law Journal. PUBLICATIONS: In addition to serving as the Editor of Ohio Trial, I have written the following articles: Comment, “Redefining Underinsured Motorist Coverage in Ohio,” 44 Ohio State Law Journal 771-795, 1983. Miller, “The Impact of Amended Substitute Senate Bill Number 20 upon Savioe and Other Cases”, Ohio Trial Magazine, Fall 1994. “Pending In The Supreme Court”, OATL Advisory June 1996-present. “Negligence Law Update”, Franklin Cty. Trial Lawyers Assn. Quarterly Comment, Summer 1995, Winter and Fall 1996; Miller, “HB 305: A Comprehensive Overview”, Ohio Trial Magazine, November 1996; “The Use of Learned Treatises and Newly Enacted Rule 706 of the Ohio Rules of Evidence,” Ohio Trial, Vol. 9, No. 3 (1998); “The Exhaustion Requirement and Underinsured Motorists Coverage,” Ohio Trial, Vol. 10, No. 4 (2000); “Joint Tortfeasors and UM/UIM Coverage,” Ohio Trial, Vol. 11, Nos. 2 and 3 (2000); “Comer v. Risko—A Critical Analysis.” Ohio Trial, Vol. 15, No. 3 (Winter 2005); “The Strategic Use of Voluntary Dismissals,” Ohio Trial, Vol. 16, No. 1 (Spring 2006).

Court Admissions

Ohio Courts
U.S. District Court, Southern District of Ohio
United States Court of Appeal for the Sixth District
Supreme Court of the United States

Board/Committee Membership

Former President:Central Ohio Association for Justice
Trustee: Ohio Association for Justice
Amicus Curiae:Ohio Academy of Trial Lawyers since 1981

Continuing Education

My continuing education requirements are all current.

Bar Admission Date


Supreme Court Number


Licensed In

Ohio (1984), #0009398

Significant Cases

I am currently involved in an appeal by a school district to the Federal Sixth Circuit Court of Appeals from a judgment rendered in favor of our student-clients in the Federal District Court against a school district for strip-searching an entire class of students to try to find property that was allegedly stolen. I have been primary counsel in the following appeals: Lane v. Grange Mutual Insurance Company (1989), 45 Ohio St. 3d 63, 543 N.E. 2d 448; Fyffe v. Jeno's Inc. (1991), 59 Ohio St. 3d 115, 570 N.E. 2d 1108; Morris v. Savoy (1991), 61 Ohio St. 3d 684, 576 N.E. 2d 765 (Amicus Brief for Ohio Academy of Trial Lawyers); Skaggs v. Lima Memorial Hospital (1991), 62 Ohio St. 3d 296, 581 N.E. 2d 1085; Ramage v. Central Ohio Emergency Serv., Inc. (1992), 64 Ohio St. 3d 97, 592 N.E.2d 828; Clark v. Southview Hosp. & Family Health Ctr. (1994), 68 Ohio St. 3d 365, 628 N.E.2d 46; (Amicus Brief for Ohio Academy of Trial Lawyers) (for which received The Academie Amicus Curiae Award 1993-1994 from the Ohio Academy of Trial Lawyers); Stinson v. England (1994), 69 Ohio St. 3d 451, 633 N.E.2d 532; Pond v. Leslein (1995), 72 Ohio St. 3d 50, 647 N.E.2d 477; Duckworth v. Creative Interglobal (1995), 74 Ohio St. 3d 12, 655 N.E.2d 1299 ((Amicus Brief for Ohio Academy of Trial Lawyers));Schaefer v. Allstate Ins. Co. (1996), 76 Ohio St. 3d 553, 668 N.E.2d 913; Morgan v. Fairfield Family Counseling Ctr. (1997), 77 Ohio St. 3d 284, 673 N.E.2d 1311 (Amicus Brief for Ohio Academy of Trial Lawyers); Kocel v. Farmers Ins. (1997), 79 Ohio St. 3d 1235, 684 N.E.2d 83 (Amicus Brief for Ohio Academy of Trial Lawyers); Burger v. City of Cleveland Heights (1999), 87 Ohio St. 3d 188, 718 N.E.2d 912 (Amicus Brief for Ohio Academy of Trial Lawyers); Mossing v. State Farm Ins. Co. (2000), 87 Ohio St. 3d 1240, 721 N.E.2d 407 (Amicus Brief for Ohio Academy of Trial Lawyers); Fulmer v. Insura Prop. & Cas. Co. (2002), 94 Ohio St. 3d 85, 760 N.E.2d 392 (Amicus Brief for Ohio Academy of Trial Lawyers); Dardinger v. Anthem Blue Cross & Blue Shield (2003), 98 Ohio St. 3d 77, 781 N.E.2d 121; Fairchilds v. Miami Valley Hosp (2006), 109 Ohio St. 3d 1229, 849 N.E.2d 292 (Amicus Brief for Ohio Academy of Trial Lawyers); LeRoy v. Allen, Yurasek & Merklin (2007), 114 Ohio St. 3d 323, 872 N.E.2d 254 (Amicus Brief for Ohio Academy of Trial Lawyers); Arbino v. Johnson & Johnson (2007), 116 Ohio St. 3d 468, 880 N.E.2d 420 (Amicus Brief for Ohio Academy of Trial Lawyers); Shoemaker v. Gindlesberger (2008), 118 Ohio St. 3d 226, 887 N.E.2d 1167 (Amicus Brief for Ohio Association for Justice); Wilborn v. Bank One Corp.(2009), 121 Ohio St. 3d 546, 906 N.E.2d 396; HomEq Servicing Corp. v. Schwamberger (2009), 122 Ohio St. 3d 80, 908 N.E.2d 423; Tyron v. Michael, 1987 Ohio App. LEXIS 8260; Distelhorst v. Great American Ins. Co., 1987 Ohio App. LEXIS 10058; West American Ins. Co. v. Skaggs, 1988 Ohio App. LEXIS 1038; Mulloy v. Longaberger Basket Company (1989), 47 Ohio App. 3d 77, 547 N.E.2d 411; Kerr v. Midwestern Indem. Co., 1989 Ohio App. LEXIS 2925; Brown v. Nowacki, 1989 Ohio App. LEXIS 3688; Galloway v. Ohio DOT (1989), 64 Ohio App. 3d 476; 581 N.E.2d 1167; Sparkman v. Fayette County Memorial Hosp., 1990 Ohio App. LEXIS 1908; Perry v. Motorists Mut. Ins. Co., 1990 Ohio App. LEXIS 3685; Jewell v. Holzer Hospital (Sixth Cir., 1990) 899 F.2d 1507;.Canady v. Central Ben. Mut. Ins. Co. (1991), 71 Ohio App. 3d 363; 594 N.E.2d 37; Bagby v. Song, 1991 Ohio App. LEXIS 1794; Kaiser v. Flege, 1991 Ohio App. LEXIS 2091; Chupka v. Rigsby (1991), 75 Ohio App. 3d 795; 600 N.E.2d 832; Werner v. Cincinnati Ins. Co. (1991),77 Ohio App. 3d 232; 601 N.E.2d 573; Greene v. Hawkins, 1991 Ohio App. LEXIS 5653; Shoemaker v. Crawford (1991), 78 Ohio App. 3d 53; Yearling v. State Farm Ins. Co. (1992), 76 Ohio App. 3d 559, 602 N.E.2d 434; Cincinnati Equitable Ins. Co. v. Ott, 1992 Ohio App. LEXIS 3721; Mays v. Rebar, 1992 Ohio App. LEXIS 5154; Wren v. Weithman, 1992 Ohio App. LEXIS 5380; Daugherty v. Wagner, 1992 Ohio App. LEXIS 5685; Lambert v. Shearer (1992), 84 Ohio App. 3d 266, 616 N.E.2d 965; Schwimmer v. Bowsher, 1993 Ohio App. LEXIS 1196; Colletti v. J.C. Penney Co., 1993 Ohio App. LEXIS 1421; Greene v. Hawkins, 1993 Ohio App. LEXIS 6417; Hebebrand v. Scioto Memorial Hosp. Ass'n, 1994 Ohio App. LEXIS 618; Smith v. Roto-Rooter Drain & Serv., 1994 Ohio App. LEXIS 1766; Risner v. Gaspich, 1994 Ohio App. LEXIS 2942; Miller v. Paulson (1994), 97 Ohio App. 3d 217; Kitts v. U.S. Health Corp. (1994), 97 Ohio App. 3d 271, 646 N.E.2d 555; In Re Estate of Shepherd (1994), 97 Ohio App. 3d 280, 646 N.E.2d 561; Hicks v. Tsu Yi Chuang, 1995 Ohio App. LEXIS 549; Loura v. Adler (1995), 105 Ohio App. 3d 634, 664 N.E.2d 1002; Sims v. Agosta, 1996 Ohio App. LEXIS 697; Wiltberger v. Davis (1996), 110 Ohio App. 3d 46, 673 N.E.2d 628; Foltz v. Nationwide Prop. & Cas. Co., 1996 Ohio App. LEXIS 3717; Lawson v. Board of Educ. of the Columbus City Sch. Dist., 1996 Ohio App. LEXIS 3292; Frazee v. Ellis Bros., Inc. (1996), 113 Ohio App. 3d 828, 682 N.E.2d 676; Needham v. Gaylor, 1996 Ohio App. LEXIS 4050; Gregory v. Ohio Bureau of Workers' Compensation (1996), 115 Ohio App. 3d 798; 686 N.E.2d 347; Western & Southern Life Ins. Co. v. Braun (1996), 116 Ohio App. 3d 423, 68 N.E.2d 534; Ortman v. Lumbert, 1997 Ohio App. LEXIS 1460; Taulbee v. Adience, Inc., 120 Ohio App. 3d 11, 696 N.E.2d 625; Community Ins. Co. v. Sullivan, 1997 Ohio App. LEXIS 2836; Bush v. Anchor Hocking Corp., 1997 Ohio App. LEXIS 3948; Henson v. Norfolk Southern Corp., 1997 Ohio App. LEXIS 5951; England v. Grange Mut. Cas. Co., 1997 Ohio App. LEXIS 6018; Holt v. Martino, 1998 Ohio App. LEXIS 1130; Orvets v. National City Bank (2000), 131 Ohio App. 3d 180; 722 N.E.2d 114; State v. Swanger, 1999 Ohio 833; 1999 Ohio App. LEXIS 3515; Limle v. Laboratory Corp. of Am. (2000), 137 Ohio App. 3d 434, 738 N.E.2d 890; Fleenor v. Lilly, 2000 Ohio App. LEXIS 4664; Power v. Kirkpatrick, 2000 Ohio App. LEXIS 3231; Nester v. Lima Mem'l Hosp. (2000), 139 Ohio App. 3d 883, 745 N.E.2d 1153; Ross v. State Auto. Mut. Ins. Co., 2001 Ohio App. LEXIS 733; Dinofrio v. Paquelet, 2001 Ohio App. LEXIS 1144; Stischok v. Stischok, 2001 Ohio App. LEXIS 2855; Vohsing v. Auto-Owners Ins. Co., 2002 Ohio App. LEXIS 107; Ferguson v. Dyer (2002), 149 Ohio App. 3d 380, 777 N.E.2d 850; Adkins v. Haynes, 2002 Ohio App. LEXIS 1846; Ingram v. Adena Health Sys. (2002), 149 Ohio App. 3d 447, 777 N.E.2d 901; Vohsing v. Fed. Ins. Co., 2003 Ohio App. LEXIS 2281; Hardy v. Newbold, 2003 Ohio App. LEXIS 3566; Freeman v. Brooks, 154 Ohio App. 3d 371; 707 N.E.2d 520; Smyers v. Bennett, Case No., 2003 Ohio App. LEXIS 6412; Rossetti v. Am. Elec. Power Co., 2004 Ohio App. LEXIS 109; Spicer v. Ace Prop. & Cas. Ins. Co., 2004 Ohio App. LEXIS 6810; Boggs v. Columbus Steel Castings Co., 2005 Ohio App. LEXIS 4286; Bowling v. Grange Mut. Cas. Co., 2005 Ohio App. LEXIS 5325; Fitch v. C.B. Richard Ellis, Inc., 2007 Ohio App. LEXIS 3775; Ohio Cent. R.R. Sys. v. Mason Law Firm Co., 2009 Ohio App. LEXIS 2769.

Summary of Firm

25+ years helping people with injury, wrongful death, and insurance claims, as well as claims against doctors, lawyers, nurses and nursing homes.

Summary of Previous Employment

In my 25 years of practice, I've developed a practice with a strong focus on claims for Personal Injury, Wrongful Death, Medical Malpractice, Legal Malpractice, Nursing Malpractice, Nursing Home Negligence, Uninsured/Underinsured Motorists, Automobile Accidents and Premises Liability. I have also handled many cases in the Ohio courts of appeals and the Ohio Supreme Court that involve these types of claims. I have also been active in professional organizations, including serving as a trustee for the Ohio Association for Justice (formerly the Ohio Academy of Trial Lawyers), and as editor of its two publications, Ohio Trial and Advisory, for over ten years. I have also authored many amicus (friend of the Court) briefs for filing in the Ohio Supreme Court. The Ohio Association for Justice recognized my efforts by awarding me the Academie Amicus Curiae Award in 1994, and the Distinguished Service Award five times, in 1997, 1998, 2000, 2002 and 2005. I am also committed to the Central Ohio Association for Justice (formerly the Franklin County Trial lawyers), and served as its President in 2004-2005.

Free Initial Consultation?

Yes. Please contact me to discuss your legal matter.

Fees by Hourly Rate

Injury and malpractice cases are typically handled on a contingent basis. This means there is no fee, and the client owes nothing, unless there is a settlement or favorable verdict.


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