Case law

Majeski v. Majeski

2012 Ohio 731 · Ohio Court of Appeals · Feb 24, 2012

Further, Kathleen asserts that the intent of the parties when the QDRO and final divorce decree were drafted was to entitle her to post-retirement survivor benefits. {¶ 10} It is well established that “pension … Greene). {¶ 22} Clearly, Plummer is distinguishable from the facts in the instant case.

State v. Hull

133 Ohio App. 3d 401 · Ohio Court of Appeals · Apr 26, 1999

The Ohio Constitution and Ohio Revised Code unequivocally establish that a “legally qualified voter” must be a United States citizen. … Clearly, R.C. 3599.12 does not violate the overbreadth doctrine. We find that R.C. 3599.12 withstands the test for vagueness.

State v. Roller

2016 Ohio 8554 · Ohio Court of Appeals · Dec 30, 2016

In order to be a public official under R.C. 2921.41(A), Appellant must qualify as a public official as defined by R.C. 2921.01. … Chapter 2744, the governmental immunity statutes. N.Z. v. Lorain Head Start, 9th Dist. No. 98CA007254, 2000 WL 59911.

Triplett v. Univ. Hosps. Cleveland Med. Ctr.

197 N.E.3d 1030 · Ohio Court of Appeals · Oct 6, 2022

In Smith, the doctor’s statements to the family clearly conflicted with his affidavit regarding whether a root cause analysis/peer review meeting had taken place. … “[A]ll documents within a peer review committee’s own records — regardless of the source — are absolutely immune from discovery in any civil action.” Cousino at ¶ 25; citing Cook v.

State v. McHugh

2021 Ohio 1626 · Ohio Court of Appeals · May 10, 2021

thirteenth juror,” and after “reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly … he or she is qualified to operate the radar device.

Bright Local School District Board of Education v. City of Hillsboro School District Board of Education

122 Ohio App. 3d 546 · Ohio Court of Appeals · Aug 28, 1997

Given that neither appellee qualified as a person under this statute, the landowners reasoned, declaratory relief could not be obtained and the action should be dismissed. The lower court was not convinced. … Boards of education do not enjoy sovereign immunity, State ex rel. Springfield City School Dist.

State v. Hewitt

2019 Ohio 5011 · Ohio Court of Appeals · Dec 6, 2019

that pleading, he raised four claims: (1) that he improperly was sentenced to 24 months in prison when there was a plea agreement for an 18-month sentence; (2) that he should not have been prosecuted because he was a “qualified … Termination Entry” sentencing Hewitt to 18 months in prison and allowing 14 days of jail- time credit should have been made effective June 6, 2018, the original sentencing date; (2) whether R.C. 2925.11(B)(2)(b) provided immunity

Stueve v. Stueve

2025 Ohio 2359 · Ohio Court of Appeals · Jul 3, 2025

“However, R.C. 3105.171(C) clearly provides that where an equal division would be inequitable, a trial court may not divide the marital property equally but instead must divide it in the manner that the court determines … Specifically, the husband in Palmieri established that he was employed for “some 15 years prior to the marriage.” Id. at ¶ 30.

Eckert v. Warren Cty. Rural Bd. of Zoning Appeals

2018 Ohio 4384 · Ohio Court of Appeals · Oct 29, 2018

We reasoned that the code included the phrase "such as" to clearly show that the list of home occupations was not an exhaustive, restrictive list. … And they neither claim nor establish plain error.

Rich v. McDonald's Corporation

155 Ohio App. 3d 1 · Ohio Court of Appeals · Oct 9, 2003

he claimed that he contacted Hammons and complained that the combination of what he viewed as restricted responsibility and oppressively long *4 hours was presenting him with a hostile work environment, and affecting his immune … Rich claims that he was told that McDonald’s health benefits covered pre-existing medical conditions, but McDonald’s benefits policies at the time clearly denied such coverage until the insured was employed for one year.

State v. Kelley

2014 Ohio 464 · Ohio Court of Appeals · Feb 4, 2014

(ii) If the offense is a qualifying assault offense, the offender caused serious physical harm to another person while committing the offense, and, if the offense is not a qualifying assault offense … We find the sentence is not clearly and convincingly contrary to law.

State v. Scarl, Unpublished Decision (6-30-2003)

Ohio Court of Appeals · Jun 30, 2003

Moreover, although former R.C. 2945.44 provided that either the prosecutor or the defendant could ask the court to grant a witness immunity, "[t]he present statute * * * clearly reflects the intent of the General Assembly … To qualify a statement as an excited utterance, a party must first establish these four requirements: "(1) an event startling enough to produce a nervous excitement in the declarant; (2) the statement must have been made

Rodriguez v. Greater Dayton Regional Transit Auth.

2013 Ohio 3463 · Ohio Court of Appeals · Aug 9, 2013

Donoghy and Ledford further claimed that they were entitled to qualified immunity. {¶ 24} The trial court granted Defendants’ motion, holding that Rodriguez’s speech was made pursuant to her official duties and … The court further concluded that Donaghy’s and Ledford’s qualified immunity argument was moot. {¶ 25} Rodriguez appeals from the trial court’s judgment, raising two assignments of error.

Ney v. May Eng. Co., L.L.C.

2025 Ohio 5081 · Ohio Court of Appeals · Nov 6, 2025

immunity. {¶111} To establish a defamation claim, a plaintiff must prove: (1) the defendant made a false and defamatory statement concerning another; (2) the false statement was published without … Id. {¶114} To defeat a qualified privilege, a plaintiff must establish by clear and convincing evidence that the communication was made with actual malice. A & B-Abell Elevator Co., Inc. v. Columbus/Cent.

State v. Barnhart

2021 Ohio 2874 · Ohio Court of Appeals · Aug 23, 2021

An error qualifies as “plain error” only if it is obvious and but for the error, the -4- Case No. 12-20-08 outcome of the proceeding clearly would have been otherwise. … Here, the trial court sentenced Barnhart to an eight-year minimum prison term for his qualifying second-degree felony.

Provens v. Ohio Real Estate Commission

45 Ohio App. 2d 45 · Ohio Court of Appeals · Jul 22, 1975

It is important to the democratic process that commissions say what they are doing, and adhere to what they have said unless and until a change is clearly indicated.” … of the Ohio Real Estate Commission by the legislature to enable the commission to establish reasonable rules and regulations to determine what is “sufficient experience” to qualify a candidate for a broker’s examination.

Zelenak v. Industrial Commission

148 Ohio App. 3d 589 · Ohio Court of Appeals · Aug 1, 2002

Chapter 2743, the Ohio General Assembly waived the state’s immunity and consented to suits against the state “in accordance with the same rules of law applicable to suits between private parties” in cases where the state … This type of ‘forum-shopping’ is not what was envisioned when the Court of Claims was established; rather, the exceptions to its exclusive jurisdiction should be strict and narrow.”

Vistein v. Keeney

71 Ohio App. 3d 92 · Ohio Court of Appeals · Dec 31, 1990

This aspect of appellants’ argument clearly has merit. Saari’s advice is certainly relevant to the issue of the actual design and construction of the bridge. … However, a review of Saari’s testimony shows that Saari was not qualified to testify as an expert on bridges. Although he was an engineer, it was never established that Saari’s expertise extended to bridges.

Piper v. Bruno

197 Ohio App. 3d 126 · Ohio Court of Appeals · Nov 14, 2011

. *** (D) The immunity from liability conferred by this section is in addition to and not in limitation of any immunity conferred by any other section of the Revised Code or by judicial precedent … Thus, his risk to himself and/or others was clearly a concern. -12- Case No. 1-11-07 would benefit my patient and his family.

Vandercar, L.L.C. v. Port of Greater Cincinnati Dev. Auth.

196 N.E.3d 878 · Ohio Court of Appeals · Sep 9, 2022

Contrary to Vandercar’s assertion, however, the Port never claimed that it was entitled to total sovereign immunity from Vandercar’s contract claim. … Works, 36 Ohio St. 409 (1881), paragraph three of the syllabus. {¶70} Rather, like the Supreme Court’s description of R.C. 1343.03(A), the cited clause from R.C. 4582.22(A) does “not clearly express any intention