Case law

In re A.B.C.

2011 Ohio 531 · Ohio Court of Appeals · Jan 31, 2011

THE TRIAL COURT ERRED IN QUALIFYING DR. STEINER AS AN ORTHOPEDICS AND RADIOLOGY EXPERT. {¶22} “V. … The child bruised after being given immunizations and after blood draws by medical personnel.

Leroy v. Allen Yurasek Merklin, Unpublished Decision (8-29-2005)

Ohio Court of Appeals · Aug 29, 2005

The second issue involves Appellees' participation in the preparation of a will, which was allegedly drafted for Decedent in November of 2001. {¶ 11} Attorneys in Ohio enjoy a qualified immunity from liability to a third … immunity set forth in Simon v.

State v. White

2022 Ohio 1707 · Ohio Court of Appeals · May 23, 2022

CA2018-05-101, 2019-Ohio-1492 ¶ 9. {¶ 15} In this case, the record firmly establishes that the trial court considered all relevant statutory factors set forth in R.C. 2929.11 and 2929.12 prior to issuing its sentencing … The record further establishes the trial court sentenced White within the permissible statutory ranges for first-degree felony rape and second-degree felony pandering obscenity involving a minor.

State v. Glowka

2013 Ohio 3080 · Ohio Court of Appeals · Jul 15, 2013

Though H.B. 86, through the newly-enacted R.C. 2929.13(B)(1)(a), established a preference for, and in certain conditions, a presumption of, community control sanctions for fifth-degree felonies, this presumption does not … See R.C. 2929.13(B)(1)(a)(i) ("[I]f an offender is convicted of or pleads guilty to a felony of the * * * fifth degree that is not an offense of violence or that is a qualifying assault offense, the court shall sentence

Monaco v. Monaco

2023 Ohio 1869 · Ohio Court of Appeals · Jun 6, 2023

The separation agreement clearly states that neither party had present values for any retirement funds, pension, or any other deferred compensation account. … In fact, Monaco himself claimed that the system was forcing the couple to divorce so that his family would qualify for government assistance.

State v. Eckenrode

2025 Ohio 2387 · Ohio Court of Appeals · Jul 7, 2025

Her body language, the way she spoke, all those things, certainly would qualify as an excited utterance. … . {¶36} I think that qualifies as an excited utterance.

Solomon v. Harwood

2011 Ohio 5268 · Ohio Court of Appeals · Oct 13, 2011

Scholler (1984), 10 Ohio St.3d 98, 462 N.E.2d 158, the Ohio Supreme Court held that attorneys have a qualified immunity from liability to third parties for acts or omissions concerning the representation of a client. … Solomon and Harwood clearly had opposing interests; therefore, they were not in privity to each other. {¶ 28} Thus, the fifth assignment of error is overruled.

Bainbridge Twp. Zoning Inspector v. Chagrin Valley Learning Collective Co-Op

2025 Ohio 146 · Ohio Court of Appeals · Jan 21, 2025

civil-law immunity for 17 Case Nos. 2024-G-0021, 2024-G-0022 agritourism providers.” … However, the evidence does not support the trial court’s finding that the CVLC program qualified as such.

State v. Benitez-Maranon

2014 Ohio 3575 · Ohio Court of Appeals · Aug 20, 2014

Benitez-Maranon argues that the trial court committed plain error because it failed to ensure that he was provided with a qualified interpreter. {¶5} To establish plain error,1 “[f]irst, there must be … We agree that, although the trial court clearly conveyed the content of its sentence to Mr.

State v. Andrews

2015 Ohio 4638 · Ohio Court of Appeals · Nov 9, 2015

established federal law on the federal constitutional right to life, liberty, travel, freedom of movement, and to engage/exercise his right to interstate travel and commerce protected under the Privileges, Immunities … Although not clearly stated as such, he was requesting that the court find the ALS invalid, since the court could not reinstate his license when an ALS was in effect. {¶17} The correct procedure for seeking the

Aratari v. Leetonia Exempt Village Sch., Unpublished Decision (3-26-2007)

2007 Ohio 1567 · Ohio Court of Appeals · Mar 26, 2007

"Under the first tier, R.C. 2744.02 (A) grants broad immunity to political subdivisions. If immunity is established under R.C. 2744.02 (A), such immunity is not absolute, however. … In Hubbard , the Court explained that a school board meets the first tier and qualifies for general immunity because subsection (F) of R.C. 2744.01 declares public school districts to be political subdivisions and R.C. 2744.01

State v. Alley

233 N.E.3d 1137 · Ohio Court of Appeals · Jan 12, 2024

Id at ¶ 46. {¶ 31} In this case, the appellant, himself, established the issue of identity, admitting he sold drugs to the CI in his trial testimony. … Appellant acknowledges that, while the state adduced testimony and evidence of Canfield’s qualifications, the state failed to move to have her qualified as an expert witness.

Evans v. Summit Behavorial Healthcare

2016 Ohio 5857 · Ohio Court of Appeals · Sep 15, 2016

Because the Court of Claims did not clearly state its reason(s) for protecting the nursing shift reports from discovery, even after an in camera review, the question of their production must be remanded for the trial court … Summit did not establish what its quality assurance committee did or what documents the committee required.

In Re Maxwell

8 Ohio App. 3d 302 · Ohio Court of Appeals · Oct 8, 1982

One testified the father was more qualified as a parent as he was more mature. … Since the evidence in this case established that either parent would be a proper custodian, the reviewing court may not substitute its judgment for that of the trial court. Id.

Spitler v. K & C Service Station Maintenance Co.

90 Ohio App. 3d 49 · Ohio Court of Appeals · Aug 24, 1993

Appellee contended that it was in full compliance with Ohio workers’ compensation laws and, pursuant to R.C. 4123.74, was immune from suits based on negligent, nonintentional torts. … To establish an intentional tort of an employer, proof beyond that required to prove negligence and beyond that to prove recklessness must be established.

Brehm v. MacIntosh Co.

2019 Ohio 5322 · Ohio Court of Appeals · Dec 24, 2019

MacIntosh argues, however, that Brehm has not established a prima facie case of age discrimination because he did not meet the third element, which requires him to be qualified for his position as Administrator of the New … No. 19AP-19 8 {¶ 21} Therefore, because Brehm demonstrated he was qualified for his position, we find Brehm established

Portage County Board of Commissioners v. City of Akron

156 Ohio App. 3d 657 · Ohio Court of Appeals · Mar 31, 2004

Kent, this error was clearly prejudicial to appellant because it would directly affect the city of Kent’s standing to be a party to appellees’ unreasonable use claim. … Chapter 2744 does not provide immunity to political subdivisions for claims that are “constitutional in nature,” because statutory immunity is “not a proper defense” to claims that do not “sound in tort.”

Gruenspan v. Seitz

124 Ohio App. 3d 197 · Ohio Court of Appeals · Nov 24, 1997

In its first opinion, the trial court found that plaintiff submitted enough evidence to establish a prima facie case of libel and that Seitz failed to establish the truth of the statements contained in the letter as an absolute … We reject plaintiffs argument that statements *206 concerning the merits of the malpractice action are clearly outside the scope of the qualified privilege.

State v. Valiente-Mendoza

2018 Ohio 3090 · Ohio Court of Appeals · Aug 3, 2018

Given the trial court’s appointment of two Supreme Court qualified foreign language interpreters, we find no merit to appellant’s contention that the trial court failed to appoint qualified interpreters. {¶ 56} … Our role is to determine “whether in resolving conflicts in the evidence, the [trier of fact] clearly lost its 21.

State v. White

2021 Ohio 4046 · Ohio Court of Appeals · Nov 15, 2021

court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … The trial court also noted that White did not establish the accuracy of her speedometer.