Case law

Georgetown of the Highlands v. Cleveland Div. of Water

2016 Ohio 8039 · Ohio Court of Appeals · Dec 8, 2016

moved for summary judgment asserting Appellee was immune under R.C. … place the burden of installing services lines on the customer and establish the standards for municipal distribution lines. 5/27/14 J.E. {¶20} Appellant argues the trial court incorrectly interpreted CCO 535.30.

Drogell v. Westfield Group

2013 Ohio 5262 · Ohio Court of Appeals · Dec 2, 2013

Corp., 90 F.3d 1173, 1186 (6th Cir.1996) (“If the plaintiff seeks to establish  7 his or her case indirectly, without direct proof of discrimination, the plaintiff may establish … Clearly, [Westfield]’s constructive discharge of [Mr. Drogell] after 34 years of service constitutes the type of severe and outrageous conduct enunciated in Yeager.” We cannot conclude that Mr.

Haren v. Nelson

18 Ohio Law. Abs. 440 · Ohio Court of Appeals · Jun 7, 1934

However, this court cannot say, from the evidence that the contention has been substantiated or established by a requisite degree of proof, that the Board of Education as existing at the time each of these resolutions was … They both have only such: power as is expressly granted or clearly implied, and doubtful claims as to the mode of exercising the powers vested in them are resolved against them.

Douglass v. Salem Community Hospital

153 Ohio App. 3d 350 · Ohio Court of Appeals · Jul 23, 2003

not qualified to make, an examination of his deposition demonstrates that he is not qualified to make other statements, which, on first blush, appear to be proper. … A duty may be established by common law, legislative enactment, or by the particular facts *365 and circumstances of the case. Eisenhuth v.

Jones v. Wheelersburg Local School Dist.

2013 Ohio 3685 · Ohio Court of Appeals · Aug 19, 2013

The court determined that although R.C. 2744.09(B) removes the school district’s immunity, it does not remove Knapp’s and Grice’s individual immunity. … Anderson clearly refutes appellant’s argument.

First Natl. Bank of Cincinnati v. Devlin

63 Ohio App. 3d 708 · Ohio Court of Appeals · Aug 7, 1989

In an attempt to find qualified beneficiaries under Item V of the will, the executor wrote to numerous hospices, associations and individuals and officials seeking to establish qualifications that could be used to determine … The statement that lung cancer always involves a secondary diagnosis of COPD and emphysema is clearly wrong and self-serving.

Reese v. Cleveland

8 Ohio App. Unrep. 370 · Ohio Court of Appeals · Nov 1, 1990

sovereign immunity. … Johnson's part was premised on the closing of the infirmary, the City is not entitled to qualified sovereign immunity.

Guillory v. Dept. of Rehab. Corr., 07ap-861 (5-8-2008)

2008 Ohio 2299 · Ohio Court of Appeals · May 8, 2008

R. 12(B) clearly permits a party to file, in lieu of an answer, motions to dismiss for failure to state a claim upon which relief can be granted and for lack of jurisdiction. Civ. … It is well-established that the Court of Claims *Page 9 lacks subject-matter jurisdiction over alleged violations of constitutional rights and claims arising under Section 1983, Title 42, U.S. Code (" § 1983").

In re Marriage of Beynenson

2013 Ohio 341 · Ohio Court of Appeals · Feb 4, 2013

The handbook provides a model voir dire for establishing the qualifications of an interpreter. Questions proposed by the model voir dire include: “How did you learn the foreign language?” … Petitioner Peter Beynenson’s answers are clearly affirmations or denials, similar to a nod or shaking of the head.

Steingass Mechanical Contracting, Inc. v. Warrensville Heights Board of Education

151 Ohio App. 3d 321 · Ohio Court of Appeals · Jan 9, 2003

the “lowest responsible” bid but, instead, upon the “most qualified” standard. … This testimony establishes that these board members used the correct standard in rejecting Steingass’s bids.

Randolph v. American Airlines, Inc.

103 Ohio App. 172 · Ohio Court of Appeals · Dec 12, 1956

There is a general rule of law that common carriers can not stipulate for immunity from their own or their agent’s negligence. … Central Railroad Co. (1865), 3 Wall, 107, the court held that the common law liability of a common carrier for the safe carriage of goods may be limited and qualified by special contract with the owner, provided such contract

Speed Way Transp., L.L.C. v. Gahanna

2024 Ohio 5890 · Ohio Court of Appeals · Dec 17, 2024

Gahanna asserts such activity qualifies as police services under R.C. 2744.01(C)(2)(a) and is, therefore, a governmental function. … Hortman at ¶ 13 (finding of immunity separate from the consideration of whether promissory estoppel may be applied).

Priore v. State Farm Fire & Cas. Co.

2014 Ohio 696 · Ohio Court of Appeals · Feb 27, 2014

The court’s inquiry begins and ends by looking to “the plain and ordinary meaning of the language used in the policy unless another meaning is clearly apparent from the contents of the policy.” Id. … Accordingly, Priore does not qualify as a Named Insured.

State v. Addicott

2025 Ohio 1785 · Ohio Court of Appeals · May 19, 2025

All of that information was clearly offered to prove the truth of what the Exhibits said, which in turn was key to proving Appellant committed the crimes charged in Counts 3-6. … However, to qualify for admission as a business record under Evid.R. 803(6) the following four elements must be established: PAGE 10 OF 19 Case No. 2024-T-0076  (i) the record

Tablack v. Board of Mahoning County Commissioners, 07 Ma 197 (9-17-2008)

2008 Ohio 4804 · Ohio Court of Appeals · Sep 17, 2008

No. 02 CA 128, 2003-Ohio-4458 , ¶ 21; Hunter at ¶ 19 . {¶ 33} "To establish an intentional tort of an employer, proof beyond that required to prove negligence and beyond that to prove recklessness must be established. … Thus, Cvengros was entitled to the immunity provided by R.C. 4123.741 . {¶ 53} However, this immunity does not extend to intentional torts, which by definition do not arise in the course of one's employment. Brady v.

State v. Dudley

2014 Ohio 5419 · Ohio Court of Appeals · Dec 5, 2014

Clearly the twelve months sentences are within the statutory range. … A review of appellant's presentence investigation report clearly establishes that he has had numerous opportunities to rehabilitate himself, but chose instead to continue victimizing others by stealing from them.

Horne v. Horne

2016 Ohio 2650 · Ohio Court of Appeals · Apr 21, 2016

THE TRIAL COURT ABUSED ITS DISCRETION IN CONSIDERING ASSETS IN THE DISCRETIONARY TRUST ESTABLISHED BY DEFENDANT-APPELLANT'S DE- CEASED MOTHER MARY COLLEEN HORNE. {¶ 2} John … thereby forwarding the funds to John's siblings and to a trust administered for John's welfare. {¶ 15} The fee as an executor may have some correlation to the effort expended by John, but that fact does make the fee immune

State v. Singh

157 Ohio App. 3d 603 · Ohio Court of Appeals · Jun 18, 2004

The court held that “[t]he exceptions are not part of the definition of the crime but are a part of an immunity granting device, separate from the described crime, used to assure that certain classes will not be included … Deficient performance on counsel’s part has not been established; nor has appellant established any type of prejudice to his defense. Thus, neither the ineffective-assistance nor the plain-error argument has merit.

Lloyd v. Cleveland Clinic Found.

2019 Ohio 1885 · Ohio Court of Appeals · May 16, 2019

If qualified privilege is demonstrated, then the plaintiff must demonstrate express malice, which is ill will, hatred, revenge, or wanton and reckless disregard for the truth on the defendant's part. Id. at 248. … Based on the foregoing, the trial court clearly did not abuse its discretion when it denied Lloyd’s motion for sanctions. {¶28} Therefore, the second assignment of error is overruled.

Blackwell v. International Union, United Auto Workers Local No. 1250

21 Ohio App. 3d 110 · Ohio Court of Appeals · Dec 24, 1984

When the rights of parties are clearly defined and established by law, the courts usually apply the maxim “equity follows the law.” Cf. Assn. of Cuyahoga Cty. Teachers of Trainable Retarded v. Cuyahoga Cty. … Clearly, the court considered the reliability of future payments as a factor in fashioning the judgment.