Case law

Franks v. Ohio Department of Rehabilitation & Correction

195 Ohio App. 3d 114 · Ohio Court of Appeals · Apr 28, 2011

against her does not qualify as a ‘medical claim’ under that section”); see also Evans v. … ODRC argues that it is entitled to judgment on the basis of discretionary immunity.

Janiszewski v. Belmont Career Ctr.

2017 Ohio 855 · Ohio Court of Appeals · Mar 9, 2017

A qualified privilege has been applied to situations of intermediate importance, with immunity conditioned upon publication in a reasonable manner and for a proper purpose. Gray v. … . {¶85} The elements of qualified privilege are: “[A] defendant must establish that (1) he acted in good faith; (2) there was an interest to be upheld; (3) the statement was limited in its scope to the purpose of upholding

Essman v. Portsmouth

2010 Ohio 4837 · Ohio Court of Appeals · Sep 29, 2010

However, some general rules have been established. … ‘“‘The court must look to the statute itself to determine legislative intent, and if such intent is clearly expressed therein, the statute may not be restricted, constricted, qualified, narrowed, enlarged

Founders Ins.Co. v. Gurung

2017 Ohio 8983 · Ohio Court of Appeals · Dec 13, 2017

“We look 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.” Galatis at ¶ 11. … The plain and ordinary meaning of “privilege,” however, is “a right or immunity granted as a peculiar benefit, advantage, or favor * * *.”

Gamel v. Cincinnati

2012 Ohio 5152 · Ohio Court of Appeals · Nov 7, 2012

. {¶3} The Cincinnati Retirement System was established by ordinance in 1931. … And in 2001, the municipal code was amended to include, in part, “[s]uch Qualified Medical Benefits and the level of Qualified Medical Benefits payments payable by the Retirement System are also subject to reduction, increase

R.K. v. Little Miami Golf Ctr.

2013 Ohio 4939 · Ohio Court of Appeals · Nov 8, 2013

Plaintiffs argue that the Park District does not qualify as a political subdivision because (1) a “park district” created under R.C. … Therefore, the Park District has established immunity on Plaintiffs’ claim for failure to provide staff. {¶42} In summary, as to Counts Three through Six, the Park District is not entitled to immunity on Plaintiffs

Calet v. E. Ohio Gas Co.

2017 Ohio 348 · Ohio Court of Appeals · Jan 31, 2017

The City qualifies as a political subdivision pursuant to R.C. 2744.01(F). … When it has been determined that a party generally qualifies for immunity due to its status as a political subdivision, the second tier of the analysis is to determine whether one of the five exceptions to immunity set

Thomas v. PSC Metals, Inc.

2018 Ohio 1630 · Ohio Court of Appeals · Apr 26, 2018

Id. at syllabus. {¶19} The Ohio Supreme Court’s language is clearly applicable to this case and establishes that Thomas was a PSC employee for purposes of workers’ compensation. … A customer of a staffing agency may pay the workers’ compensation premiums either directly or indirectly to qualify for immunity under R.C. 4123.74. Foran v.

Steinbrink v. Greenon Local School Dist.

2012 Ohio 1438 · Ohio Court of Appeals · Mar 30, 2012

{¶ 41} Intentional torts, because the do not occur within the employment relationship, are beyond the reach of the authority conferred on the General Assembly by Section 35, Article II of the Ohio Constitution to establish … are barred by the applicable statute of limitations, R.C. 2305.11; that the operative facts alleged in the complaint are insufficient to plead a claim for intentional infliction of emotional distress on the standards established

McQuade v. Mayfield Clinic, Inc.

186 N.E.3d 278 · Ohio Court of Appeals · Mar 16, 2022

McQuade emphasizes that Mayfield does not qualify as one of the enumerated medical providers in R.C. 2305.113(E)(3)(2). According to Mr. … Tobler does so qualify (which Mr. McQuade does not dispute).

Belle v. Carr

169 Ohio App. 3d 286 · Ohio Court of Appeals · Oct 18, 2006

The probate court erred in failing to dismiss a case which seeks to remove an elected public official from office for appointing a fully qualified elector to a vacant position, a discretionary act to which immunity applies … is procedural in nature, the Civil Rules should apply unless they are ‘clearly inapplicable.’”

Jackson v. McDonald

144 Ohio App. 3d 301 · Ohio Court of Appeals · Jun 18, 2001

may be asserted to establish nonliability: (ii'fi * * “(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covei*ed by that division or section 3746.24 [providing … It is a qualified immunity, in the sense that it will attach so long as one of the exceptions does not apply. Lutz at *5 .

Poole v. Inlow

80 Ohio App. 3d 379 · Ohio Court of Appeals · Jul 27, 1992

R.C. 307.05 specifically refers to counties, townships and municipal corporations, all of which clearly qualify as political subdivisions. See R.C. 2744.01(F). … An EMT employed by a nonprofit corporation not owned or operated by a political subdivision is protected by the immunity provided in R.C. 3303.21(D) and is immune only while operating an ambulance.

James v. City of Cincinnati, C-070367 (6-6-2008)

2008 Ohio 2708 · Ohio Court of Appeals · Jun 6, 2008

Breach of Duty {¶ 29} To establish negligence, James and McCabe had to prove that the City had breached its duty of care. … Immunity {¶ 32} The trial court also determined that the City, even if it was negligent, was immune from liability. We disagree.

Carroll v. Cuyahoga Community College

226 N.E.3d 423 · Ohio Court of Appeals · Oct 5, 2023

Chapter 2744 or raise allegations that would establish one of the exceptions to immunity in R.C. 2744.02(B)(1) through (5). … R.C. 2744.02(B)(1) through (4) are clearly inapplicable to the facts of this case.

Friend v. Brankatelli

19 Ohio App. 3d 64 · Ohio Court of Appeals · Jul 2, 1984

There is a qualified immunity from liability for public officials acting within the scope of official duties, in good faith, and without a corrupt motive. Sustin v. … Fee (1982), 69 Ohio St. 2d 143 [ 23 O.O.3d 182 ], This qualified immunity does not exist, however, where public officials intentionally cause the destruction of private property, on the ground that such property constitutes

Rodriguez v. Catholic Charities Corp.

190 N.E.3d 673 · Ohio Court of Appeals · Apr 21, 2022

R.C. 2744.03(A)(6) provides qualified immunity to employees of political subdivisions. … Thus, under the authority of Wilson, Catholic Charities does not qualify as an employee.

Bender v. Portsmouth

2013 Ohio 2023 · Ohio Court of Appeals · May 13, 2013

He implicitly concedes that the City qualifies for R.C. 2744.02(A)(1)’s general grant of immunity but argues that the exception to immunity in R.C. 2744.02(B)(4) applies. … Id. {¶12} Bender does not dispute the City’s contention that it qualifies for R.C. 2744.02(A)(1)’s general grant of immunity in this case.

Lyons v. Teamhealth Midwest Cleveland

2011 Ohio 5501 · Ohio Court of Appeals · Oct 27, 2011

may be asserted to establish nonliability: {¶ 52} “* * * {¶ 53} “(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division … . {¶ 64} However, reasonable minds could reach differing conclusions as to whether Jones’s acts or omissions qualified as being reckless.

Smith v. Landfair

2014 Ohio 3314 · Ohio Court of Appeals · Jul 30, 2014

Id. at 293, quoting Civ.R. 56(E). {¶8} R.C. 2305.321(B)(1) establishes immunity for equine activity sponsors and participants from liability in civil or other actions brought by equine activity participants. … Smith argues that the Equine Immunity Statute cannot supersede the common law rescue doctrine because, “[i]n the absence of language clearly showing the intention to supersede the common law, the existing common law is