Case law

Stewart v. Vivian (Slip Opinion)

2017 Ohio 7526 · Ohio Supreme Court · Sep 12, 2017

The other sentiments listed, the court reasoned, “clearly do not convey any sense of fault or liability, indicating that the statute was intended to protect apologies devoid of any acknowledgment of fault.” … Vivian’s statements, as established by the evidence, expressed neither apology nor “sympathy, commiseration, condolence, compassion, or a general sense of benevolence,” as described in the statute.

State ex rel. Heilman v. Indus. Comm.

2024 Ohio 5518 · Ohio Supreme Court · Nov 26, 2024

McGriff’s report is not reliable evidence to be considered, because he “clearly did not expressly accept the findings of [the] examining physicians on file.” … As this court explained in Teece, the holding in Wallace does “not require the commission to accept the factual findings stated in a properly qualified medical report at face value and unquestioningly adopt them as those

State ex rel. Leneghan v. Delaware Cty. Bd. of Elections

2026 Ohio 1598 · Ohio Supreme Court · May 3, 2026

She also did not respond clearly to questions about how much of her belongings she had moved to the home. … with great caution and only after thorough evaluation. {¶ 46} Respondent Delaware County Board of Elections was required to determine as a matter of law and under the facts whether relator, Melanie Leneghan, was a qualified

In Re A.G.

139 Ohio St. 3d 572 · Ohio Supreme Court · Jun 19, 2014

a residence, or is planning to establish a residence, outside this state. … Here, the evidence clearly demonstrates that the child’s best interest was subordinated to the wishes of the litigious parents and their lawyers.

B. F. Goodrich Co. v. Peck

161 Ohio St. (N.S.) 202 · Ohio Supreme Court · Mar 17, 1954

It may be that Ohio can treat a foreign corporation qualified to do business in Ohio, such as Goodrich, as a resident of Ohio for purposes of taxation. … The intention to tax must be clearly expressed, and any doubt as to such intention will be resolved in favor of the taxpayer. ’ ’ This rule of construction has also, been applied generally with respect to exceptions which

Rumpke Sanitary Landfill, Inc. v. State

128 Ohio St. 3d 41 · Ohio Supreme Court · Dec 16, 2010

No. 562, an appropriations bill establishing the biennial budget for the state of Ohio for fiscal years 2009 and 2010. … A new sentence added to R.C. 519.211 expressly provided that privately owned solid-waste facilities did not qualify as “public utilities” that would be exempt from local zoning.

Firestone Tire & Rubber Co. v. Central National Bank

159 Ohio St. (N.S.) 423 · Ohio Supreme Court · May 13, 1953

of accounts receivable as security, and the execution and delivery of a check from Firestone to the bank, were not governed by the law of negotiable instruments, with the result that neither party enjoys any advantage or immunity … On the other hand, the bank clearly induced the mistake.

Morgan v. Spangler

14 Ohio St. (N.S.) 102 · Ohio Supreme Court · Dec 15, 1862

This rule was qualified or explained in the case of Freeman v. Cooke, 2 Exc. … The application of this rule, thus explained, to the present case, shows clearly that the letter of White & Co. does not preclude them or their assignees, from showing the truth, as against the present defendant.

State v. Warner

55 Ohio St. 3d 31 · Ohio Supreme Court · Oct 26, 1990

Thus, the transfer of funds through the Fedwire system qualifies as a “draft” or other “written instrument” as those terms are used in R.C. 1153.01. … Clearly, the term “property,” as used in R.C. 2929.11(E), is sufficiently broad to include financial damages.

State v. Jackson

171 Ohio St. 3d 412 · Ohio Supreme Court · Dec 8, 2022

The answer is clearly no. … But Jackson rolled down his windows and the video clearly shows that officers could see in his car.

Clark v. Scarpelli

91 Ohio St. 3d 271 · Ohio Supreme Court · Apr 11, 2001

(Boldface omitted.) {¶ 40} As set forth in these sections of the Mid-Century policy, appellee has selected specific language that clearly allows for recovery of uninsured and underinsured motorist benefits for qualifying … Section (C) of that statute permitted a right of subrogation and offset, qualified by insolvency proceedings and “subject to the terms and conditions of [uninsured] coverage.” Id. at 1459.

City of Columbus v. Webster

170 Ohio St. (N.S.) 327 · Ohio Supreme Court · Feb 10, 1960

An examination of that ordinance clearly shows *331 that it creates no “rule of evidence,” nor does it affect defendant’s presumption of innocence. … Also, see Section 4507.33, Revised Code, which prohibits the owner of a motor vehicle from permitting such vehicle to be driven by any person not legally qualified to do so.

State v. Castagnola

145 Ohio St. 3d 1 · Ohio Supreme Court · Apr 28, 2015

Dorrough, 927 F.2d 498, 500 (10th Cir.1991). {¶ 82} Here, the search warrant did not contain any description or qualifiers of the “records and documents stored on the computer” that the searcher was permitted to look for. … However, the specific evidence sought must be clearly stated: “As to what is to be taken, nothing is left to the discretion of the officer executing the warrant.” Marron v.

City of Lima v. State

122 Ohio St. 3d 155 · Ohio Supreme Court · Jun 10, 2009

Municipalities clearly have a strong interest in the qualifications of their employees and the makeup of their work forces. … To qualify as a general law under the test established in Canton v.

Ex parte Dalton

44 Ohio St. (N.S.) 142 · Ohio Supreme Court · Jan 15, 1886

That this position of the petitioner is untenable, clearly appears from the provisions of sections 3003, 3004, 2998, 2999, and 3001 (Rev. Stats.) … Y. 463 ), and (2) that while denying the power of a branch of the general assembly to punish for contempt in the particular case before it, Learned, J., qualified the general rule in the following language: “ Here, then,

Security Benefit Life Ins. v. Robinson

170 Ohio St. (N.S.) 217 · Ohio Supreme Court · Dec 30, 1959

The fraternal benefit society also established a hospital, home for the aged and orphans home for the use of its members. The latter two activities were terminated prior to January 1950. … It has undertaken to qualify and has qualified to be licensed as a mutual life insurance company from that date on.

Insurance Co. v. Leslie

47 Ohio St. (N.S.) 409 · Ohio Supreme Court · Jun 17, 1890

The statute cannot, we think, be treated as conferring upon the assured a mere personal privilege which may be waived or qualified by agreement. It has a broader scope. … It moulds the obligation of the contract into conformity with its provisions, and establishes the rule and measure of the insurer’s liability.

State v. Getsy

84 Ohio St. 3d 180 · Ohio Supreme Court · Dec 22, 1998

Costanzo was retained, not appointed, and retained counsel need not be qualified under C.P.Sup.R. 65. State v. … Clearly, he should have been afraid then. He had just pointed the finger at Santine.

Parkside Cemetery Ass'n v. Cleveland, Bedford & Geauga Lake Traction Co.

93 Ohio St. (N.S.) 161 · Ohio Supreme Court · Dec 7, 1915

It was clearly not the intention of the legislature to confer upon the railroad corporation conclusive *166 power to determine its right to make the appropriation and the necessity therefor. … for a person not eligible do not even make a de facto director, are propositions- well established.

State v. Ballew

76 Ohio St. 3d 244 · Ohio Supreme Court · Aug 7, 1996

Ballew failed to establish that his counsel’s performance fell “below an objective standard of reasonable representation.” State v. … Thus, Ballew failed to establish prejudice as Strickland requires. We reject Proposition of Law VIII.