Case law

Rodriguez v. Catholic Charities Corp.

2025 Ohio 4840 · Ohio Court of Appeals · Oct 23, 2025

Catholic Charities appealed the trial court’s summary judgment ruling concerning statutory immunity, and this court affirmed, finding that Catholic Charities was not entitled to political subdivision immunity under R.C … Indeed, it was established in more ways than one.

Foy v. Ohio Dept. of Rehab. & Corr.

2017 Ohio 1065 · Ohio Court of Appeals · Mar 23, 2017

August 12, 2016, DRC filed a second motion for summary judgment both as to the claims alleged by appellant and the personal immunity of Dr. … Rather, ODRC's affidavit established only that Dr.

Stickovich v. City of Cleveland

143 Ohio App. 3d 13 · Ohio Court of Appeals · Aug 13, 2001

Moreover, Cleveland raised defenses of sovereign immunity, ICC’s VSSR violation, and the responsibility of other parties, which were not involved in Zavarella. … Cleveland argued it was immune from claims of liability arising from its own conduct under R.C.

State v. Haynes

2020 Ohio 6977 · Ohio Court of Appeals · Dec 30, 2020

His purpose in doing so was to “establish [his] rights as [the] children’s father.” … Based on this evidence, it cannot be said that the jury clearly lost its way and created a manifest miscarriage of justice.

State v. Austin

131 Ohio App. 3d 329 · Ohio Court of Appeals · May 15, 1998

As such, she was clearly qualified to give expert testimony in a child-sexual-abuse case. Boston. 10 This includes giving an opinion about whether there was abuse in a particular case. … Lane, the prosecutor in this case clearly qualified Word as an expert in the field of population genetics. Word holds a bachelor’s degree in biology in addition to a Ph.D. in microbiology.

Risner v. Ohio Dept. of Transp.

2013 Ohio 5698 · Ohio Court of Appeals · Dec 24, 2013

The duty element of a negligence claim may be established by common law, legislative enactment, or the particular circumstances of a given case. … This definition is helpful to the present case, though not controlling. {¶ 14} Although Morgan and Rahman are clearly not on all fours with the present case because of their differing facts, they are the most applicable

State ex rel. Mazany v. Mentor

2025 Ohio 1380 · Ohio Court of Appeals · Apr 17, 2025

Once he did not qualify as a presumptive dependent, Mr. … As all three criteria for the first exception and both criteria for the second exception must be met to qualify under each exception, claimant cannot qualify under either the exception.

Lakeview Loan Servicing, L.L.C. v. Adegunju

2025 Ohio 2019 · Ohio Court of Appeals · Jun 5, 2025

The term of the loan is clearly defined by the mortgage and the note. … Specifically, appellant contends appellee failed to establish it was a holder in due course and failed to provide sufficient documentation to establish it possessed the note.

Hook v. City of Springfield

141 Ohio App. 3d 260 · Ohio Court of Appeals · Jan 26, 2001

That provision of the Ohio Constitution does not establish an individual’s right to participate in the workers’ compensation fund, but instead merely establishes the system itself in Ohio. … Employers are required to fund the system while employees and their dependents receive money from the system if they qualify to participate in it.

Johnson v. Pohlman

162 Ohio App. 3d 240 · Ohio Court of Appeals · Jul 14, 2005

Duty of Care {¶ 18} The court held that the estate had failed to offer any evidence to establish to a reasonable degree of medical certainty when or where Adkins became infected with histoplasmosis and, lacking such evidence … Pohlman did qualify his opinion by stating that a biopsy would be the only way to confirm the diagnosis of lymphoma of the adrenal glands.

Smith v. Safe Auto Insurance

179 Ohio App. 3d 240 · Ohio Court of Appeals · Nov 7, 2008

The appraisal, however, clearly stated that the appraiser had no authority to authorize repairs. … Accordingly, the Smiths did not establish a prima facie case of equitable estoppel, and Safe Auto was entitled to judgment on the Smiths’ second cause of action.

State ex rel. Kelly Servs., Inc. v. McGrue

2021 Ohio 1938 · Ohio Court of Appeals · Jun 8, 2021

Malone, and did not qualify as a valid "written job offer of suitable employment" pursuant to [State ex rel. Coxson v. … The evidence in the administrative record supports the commission's conclusion that Kelly Services' job offer did not qualify as suitable employment.

Ernst v. Ohio Department of Administrative Services

69 Ohio App. 3d 330 · Ohio Court of Appeals · Sep 11, 1990

Defendant further maintains that the waiver of sovereign immunity is very narrow. … The Court of Claims, on the other hand, clearly has jurisdiction to decide this matter.

Vos v. State

91 N.E.3d 217 · Ohio Court of Appeals · May 25, 2017

R.C. 2743.03 established the court of claims, granting it “exclusive, original jurisdiction of all civil actions against the state permitted by the waiver of immunity contained in section 2743.02 of the Revised Code.” … A clear legal duty to act must be established before mandamus can compel performance.

N.T. v. J.W.

2024 Ohio 1513 · Ohio Court of Appeals · Apr 19, 2024

Davis, 2008-Ohio-2, ¶ 171 (“the Davis case”), the Supreme Court of Ohio set forth four elements which must be established in order for evidence to qualify, and be admitted, as a business record under Evid.R. 803(6): (1) … [His] immune system is low and he uses an inhaler. . . . She . . . remembers filling out an affidavit of her expenses for [CSEA] and her expenses haven’t changed.

City of Dayton v. Combs

94 Ohio App. 3d 291 · Ohio Court of Appeals · Jun 9, 1993

At trial, Haller initially refused to answer any questions on the basis of the Fifth Amendment but agreed to testify after the trial court granted him immunity from prosecution for gambling. … court could only have permitted the city to impeach these witnesses by their prior written witness statements if those statements were excluded from the “affirmative damage” requirement of Evid.R. 607 by virtue of their qualifying

Capital One Bank, N.A. v. McGee

2013 Ohio 895 · Ohio Court of Appeals · Mar 8, 2013

This information was based on personal knowledge and Zalewski was qualified to testify to this information. … In order to establish a prima facie case for money owed on an account, a plaintiff must demonstrate the existence of an account, including that the account is in the name of the party charged, and it must also establish (

LaBounty v. Big 3 Automotive

2019 Ohio 1919 · Ohio Court of Appeals · May 17, 2019

was qualified to testify as an expert in this matter under Evid.R. 702(B). … Moreover, appellants introduced no evidence to establish the extent of their damages, if any.

State v. Odums

2026 Ohio 2171 · Ohio Court of Appeals · Jun 10, 2026

Odums argues that the trial court should have acquitted him because he established an affirmative defense. … To qualify for the affirmative defense, the individual must notify the sheriff of their change of address by telephone after learning their new address.

State v. Wilson

154 N.E.3d 208 · Ohio Court of Appeals · Apr 22, 2020

The parents sought to establish that the district was not entitled to sovereign immunity because the bus driver had been negligent in his operation of 26 … Thus, the legislature had tacitly tied that provision to the immunity statute.