Case law

R.H. Donnelley Publishing & Advertising v. Armstrong

2013 Ohio 1927 · Ohio Court of Appeals · May 10, 2013

That there was insufficient evidence submitted to establish by a preponderance of the evidence whether or not the Defendant’s Doctor’s office was operated by a corporation or by the Defendant himself; 5. … Clearly something is missing from this Exhibit and whatever that missing thing is precludes Exhibit E from satisfying the legal requirements for it to be an account.

Erie Insurance Exchange v. Colony Development Corp.

136 Ohio App. 3d 406 · Ohio Court of Appeals · Dec 23, 1999

errs when it holds, on the face of a complaint and without any examination whatsoever of any evidence, that no insured ‘occurrence’ took place, particularly where the events at issue include events that do unquestionably qualify … Co. (1984), 9 Ohio St.3d 177 , 9 OBR 463, 459 N.E.2d 555 , syllabus, the court considered an insurer’s duty to defend where the complaint does not clearly bring the matter within the coverage of the policy.

Kraft v. Kraft

2014 Ohio 4852 · Ohio Court of Appeals · Oct 31, 2014

However, the trial court clearly utilized Michael’s revenue stream when it calculated his average income. … Teresa asserts that the evidence established that Stroh was not qualified to provide an appraisal value. Further, Teresa argues that the report of her appraiser, Rick L.

Worthington Nursing Home, Inc. v. Creasy

4 Ohio App. 3d 92 · Ohio Court of Appeals · May 13, 1982

The trial court clearly manifested an intent to terminate the case. … Were salaries unreasonably low, it could be expected that qualified personnel would not be available.

State, Ex Rel. Welsh v. Hoffman

68 Ohio App. 171 · Ohio Court of Appeals · Jan 21, 1941

The Common Pleas Court was clearly in error in that part of its judgments wherein that court ordered the finance director to pay the relators their salaries from April 1, 1940, regardless of the fact that the finance director … Welsh, were “duly appointed to the office of deputy bailiff of the Municipal Court of the city of Youngstown and qualified and entered upon the duties thereof and continued to hold said position until April 1, 1940.”

Hyams v. Cleveland Clinic Found.

2012 Ohio 3945 · Ohio Court of Appeals · Aug 30, 2012

Evid.R. 601(D) and Waiver {¶12} The Clinic contends that the Hyamses failed to establish that Dr. Granacher was qualified as an expert witness pursuant to the competency requirements of Evid.R. 601(D). … We further recognized that the plaintiffs had failed to establish that defendant-surgeon was qualified to render expert testimony under Evid.R. 601(D) or 702.

In re J.D.

2022 Ohio 2334 · Ohio Court of Appeals · Jul 5, 2022

. {¶11} “The same analysis used to establish ineffective assistance of counsel under Strickland v. … Accordingly, J.D. has not established that counsel was ineffective for failing to raise this issue in an objection to a magistrate’s decision, as he has not established that the outcome would have been different save for

Facemyer v. Facemyer

2021 Ohio 48 · Ohio Court of Appeals · Jan 12, 2021

, or is planning to establish, a residence outside of this state. … Based on her diagnosis, Father pushed to have the school evaluate the child to see if she qualified for an educational plan, but the school resisted because it did not see any qualifying behavior by the child.

State v. Redic

2013 Ohio 1070 · Ohio Court of Appeals · Mar 22, 2013

agency, and establish an intervention plan for the offender. … Clearly, the existence of R.C. 2929.13(B)(2)(i), possession of a firearm while committing the charged offense, negated the presumption of community control sanctions found in R.C. 2929.13(B)(3)(b).

Gilson v. Am. Inst. of Alternative Medicine

2016 Ohio 1324 · Ohio Court of Appeals · Mar 29, 2016

Initially, we note that defendants do not clearly present arguments for each of their seven assigned errors in their brief. … Furthermore, because Sater made the statements to the OBN about an individual licensed by the OBN, the statements were also subject to a qualified privilege. {¶ 43} A statement is subject to a qualified or conditional

Otterbacher v. Brandywine Ski Center, Inc.

3 Ohio App. Unrep. 256 · Ohio Court of Appeals · May 23, 1990

R.C. 4169.08 immunizes ski area operators from liability for injuries resulting from the inherent risks of skiing. … Alan Caskey, because Caskey was not properly qualified as an expert. Evid.

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

2025 Ohio 2574 · Ohio Court of Appeals · Jul 22, 2025

Ohio has partially waived its sovereign immunity from liability in R.C. 2743.02(A)(1), and as a result “ ‘the state may be held liable for the false imprisonment of its prisoners.’ ” Abercrombie v. … Indeed, the state was clearly required to confine Hayden in the fashion it did by R.C. 2929.41(B)(3). Compare Richards v. Eberlin, 2004- Ohio-2636, ¶ 10 (7th Dist.)

Thayer v. W. Carrollton Bd. of Edn., Unpublished Decision (7-23-2004)

2004 Ohio 3921 · Ohio Court of Appeals · Jul 23, 2004

Once immunity is established under R.C. 2744.02 (A)(1), the second tier of analysis is whether any of the five exceptions set forth in subsection (B) apply. … However, that section does not provide an alternative method of overcoming the general rule of immunity, but rather a means to possibly resurrect immunity if an exception has been established.

Biskind v. Harris

256 N.E.3d 797 · Ohio Court of Appeals · Oct 22, 2024

First, contrary to Biskind’s characterizations of the cases, neither Kihm (decided in 1982) nor Hile (decided in 1989) establishes any kind of blanket “holding” that a person cannot be a responsible person if he or she was … entity responsible for the execution of the qualifying entity's fiscal responsibilities.

Fulton v. Aszman

4 Ohio App. 3d 64 · Ohio Court of Appeals · Mar 31, 1982

Since the evidence did establish that Connie Charles had been in the business of selling real estate for more than six years at the time she testified, the trial judge had a sound basis for considering her to be qualified … R.C. 4735.01(A) defines a “real estate broker” and establishes the areas in which such broker may perform.

Grandview Raceway, Inc. v. Ohio State Racing Comm.

6 Ohio App. 2d 91 · Ohio Court of Appeals · May 3, 1966

If the funds were accepted, then clearly the Auditor could not authorize their expenditure without an appropriation. We have not been furnished with references to show that authority. … qualified persons.

Columbus Mtge., Inc. v. Morton, 06ap-723 (6-19-2007)

2007 Ohio 3057 · Ohio Court of Appeals · Jun 19, 2007

the consumer alleged that the lender had violated both RISA and TILA by failing to separately state the amounts of the "finance charge" and *Page 15 "service charge"; that it had violated TILA and the CSPA by failing to clearly … Moreover, it is undisputed that Shultz is qualified to render the opinions contained in his affidavit.

Woods v. Bur. of Workers' Comp.

2016 Ohio 237 · Ohio Court of Appeals · Jan 22, 2016

West’s testimony clearly indicated that disc herniation can be caused by even minor trauma. … Thus, this portion of the medical-records exhibit would fail to qualify under the business-records exception even if appellant had provided a proper foundation at trial.

Rocca v. Wilke

53 Ohio App. 2d 8 · Ohio Court of Appeals · Aug 3, 1977

The defendants were the treasurer and auditor of Hamilton County, the auditor of the state, and the Board of Tax Appeals. 1 By stipu *10 lation of the parties, this suit qualified and proceeded as a class action, with the … Declaratory judgment has been clearly established as anindependent ".and alternative remedy. 3 *13 The instant action, seeking a-declaration as ;tb tax refunds under; legislative ‘enactments, is within the spirit of the Lhifórní

Cool v. Frenchko

200 N.E.3d 562 · Ohio Court of Appeals · Oct 20, 2022

Arnott, 132 Ohio St.3d 401, 2012-Ohio- 3208, ¶ 13. {¶ 15} "An appellate court may find an abuse of discretion when the trial court 'applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly … "For a statute to confer standing in the absence of a concrete injury, the statute must 'clearly express[] an intention to abrogate the common-law requirements for standing.' " Smith at ¶ 13. {¶ 30} Cool asserts that