Trial News

Windsor Medical Center, a senior living facility and nursing home, contracted with Time Warner Cable—which later became Spectrum Mid-American—for phone, cable, and internet service. The facility’s phone system was allegedly hacked, resulting in $3,000 in international phone call charges, despite the facility’s lack of an international phone plan. Windsor objected, and Spectrum promised to provide a full credit. A Spectrum representative later told Windsor that it would have faster internet speeds and lower costs by switching to a new account. Windsor set up a new account; however, it began to be charged for both the old and new accounts. Spectrum then shut off the facility’s phones, forcing it to pay $2,600 in bills with a certified check.

Windsor Medical sued Spectrum Mid-American, alleging fraud. The plaintiff alleged that the defendant wrongfully charged for an unwanted service and extorted payment for this service. Additionally, suit alleged that the defendant’s representative wrongfully promised that the new account would result in reduced costs when it actually resulted in dual accounts and double billing.

The jury awarded $247,000, including $225,000 in punitive damages. The court granted remittitur of an indeterminate amount.

Citation: Windsor Med. Ctr. v. Time Warner Cable, Inc., No. 2018-CV-02199 (Ohio Ct. Com. Pl. Stark Cty. Feb. 2020).

Plaintiff counsel: Scott Sandrock, Akron, Ohio.

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