Case law

Foss v. Watson, 2006 Ca 00200 (7-30-2007)

2007 Ohio 3861 · Ohio Court of Appeals · Jul 30, 2007

It is well established that the admission of relevant evidence rests within the sound discretion of the trial court. … In short, the record does not clearly show an abuse of discretion by the trial court. Allen and Black , supra.

Wagenheim v. Alexander Grant & Co.

19 Ohio App. 3d 7 · Ohio Court of Appeals · Dec 15, 1983

The facts in Haddon View are clearly distinguishable from the facts in the case at bar. … Defendant bases its claim on the grounds that the witness was not qualified to state an opinion as to the standard of conduct applicable to the accounting profession and that, even if Morgan was qualified, the manner in which

Walpole v. Walpole

2013 Ohio 3529 · Ohio Court of Appeals · Aug 15, 2013

Although this chart lists “the accumulated benefits of our named executive officers under our defined benefit pension plans (both qualified and non-qualified),” Thomas is listed as only having benefits under the Novelis … Therefore, the magistrate clearly intended for Thomas to pay the marital expenses as well as the temporary spousal support arrearage.

Meinert Plumbing v. Warner Industries, Inc.

90 N.E.3d 966 · Ohio Court of Appeals · Dec 7, 2017

Warner/STF “desires to contract such Services to a qualified Independent Dealer.” … R.C. 1334.01(B).  {¶57} Appellants do not qualify as sellers, appellees do not qualify as purchasers, and there is no document between them constituting a business opportunity plan.

State v. Elkins

2018 Ohio 1267 · Ohio Court of Appeals · Mar 30, 2018

See Tr. at 68-69 (Denham), 77 (Gordon). 1 The State continues to question whether legal paternity has been established by appellant. Appellee’s Brief at 2. … It is well-established that the State bears the burden of establishing each and every element of a charged crime and must do so with proof beyond a reasonable doubt. See In re L.R., 8th Dist.

Serge v. Reconstructive Orthopaedics, Ca2006-04-081 (7-2-2007)

2007 Ohio 3354 · Ohio Court of Appeals · Jul 2, 2007

The trial court's function in giving a jury charge is "to state clearly and concisely the principles of law necessary to enable the jury to accomplish the purpose desired." Cleveland Elec. Illuminating Co. v. … CA2006-03-054, CA2006-03-070, 2007-Ohio-2995 , at ¶ 11 . {¶ 11} "In order to establish medical malpractice, it must be shown by a preponderance of evidence that the injury complained of was caused by the doing of some particular

State v. Andre

2015 Ohio 17 · Ohio Court of Appeals · Jan 8, 2015

Candow’s testimony regarding their initial encounter established that Andre was aware of her presence and location in the parking lot as he was pulling out of his parking space. … Thus, although the state did not formerly offer or qualify Detective Berardi as an expert witness, I would find no plain error because the trial court could have properly concluded that Detective Berardi was qualified

State v. Ankrom

2025 Ohio 4488 · Ohio Court of Appeals · Sep 25, 2025

Application to the Present Case {¶31} The record establishes that the residence functioned as a boarding house with multiple tenants. T. at 167, 205-206. … That identity can be established through either direct or circumstantial evidence. Id. at ¶19; State v. Stearns, 2024-Ohio- 714, ¶ 27 (5th Dist.); State v.

Fitzgerald v. Fitzgerald

2024 Ohio 5419 · Ohio Court of Appeals · Nov 15, 2024

“The court retains jurisdiction with respect to the Qualified Domestic Relations Order/Division of Property Order to the extent required to maintain its qualified status and the original … Considering our prior decisions and the history of the case, this issue is clearly barred by res judicata.

Shannon v. Jaller

6 Ohio App. 2d 206 · Ohio Court of Appeals · Apr 15, 1966

The principle of res ipsa loquitur is well established in! Ohio. It is usually expressed in some such language as that *208 found in the first paragraph: of the syllabus of Schafer v. … We do not understand this language to mean tiat in all «circumstances a particular profession enjoys immunity from; ■the application of res ipsa loquitur.

Akron Dev. Fund I, Ltd. v. Advanced Coatings Internatl., Inc.

2011 Ohio 3277 · Ohio Court of Appeals · Jun 30, 2011

Faced with two potentially competing offers, the receiver proposed a formal procedure to establish qualified bids and to conduct an auction, if necessary. {¶11} He submitted the proposed sale procedure to the trial … Ferguson (1991), 57 Ohio St.3d 131, 133, a court of claims’ ruling on issue of immunity rendered a case moot. In Singer v.

State v. Gannon

2021 Ohio 483 · Ohio Court of Appeals · Feb 22, 2021

The trial court reviewed the PSI report, the sentencing guidelines, and the purposes of felony sentencing as established in the Ohio Revised Code. … (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, the offender

State v. Schultz

2024 Ohio 405 · Ohio Court of Appeals · Feb 5, 2024

You clearly don’t care about the well-being of my kids because any ethical human being would NOT do this to children. … He also stated that, if he had another opportunity to re-send the first communication, he would have qualified his statement indicating D.M. would experience 3 Case No. 2023

Shaffer v. Liggett

56 Ohio Law. Abs. 157 · Ohio Court of Appeals · Oct 21, 1949

Both of them had qualified at the time of the trial of this cause. Plaintiffs were not named as beneficiaries in- the probated will of decedent. … If in the affirmative, then such an answer standing alone would not, in our judgment, establish the privilege.

Sanfrey v. USM Corp.

8 Ohio App. Unrep. 707 · Ohio Court of Appeals · Dec 17, 1990

This test and the test set forth in Van Fossen, supra, clearly focus on the employer's knowledge. … Gohar was qualified as a fire and explosion expert and therefore was qualified to render opinions regarding the properties of gasoline and kerosene and other areas within his expertise.

Oriani v. Reach Out Disposal, L.L.C.

2016 Ohio 7392 · Ohio Court of Appeals · Oct 20, 2016

damages that do not qualify as either bodily injury or property damage under policy. … In short, the evidence established that the structural damage occurred before Axelrod vacated the building in January 2013.

Stevenson v. Abm, Inc., 07ca0009-M (6-30-2008)

2008 Ohio 3214 · Ohio Court of Appeals · Jun 30, 2008

II Assignment of Error "THE LOWER COURT ERRED IN DENYING THE [COUNTY'S] UNOPPOSED MOTION TO DISMISS BECAUSE THEY ARE IMMUNE AND [STEVENSON] FAILED TO ESTABLISH A RELEVANT EXCEPTION TO THEIR IMMUNITY." {¶ 5} The County asserts … Defendant MDRR [sic] and Defendant MCDJFS each, in bad faith, or in a wanton or reckless manner, failed to provide reasonable care to Tina Stevenson, failed to implement an adequate behavior plan, failed to chose [sic] qualified

State v. Grambo

82 Ohio App. 473 · Ohio Court of Appeals · Sep 29, 1947

In view of the state of the record we must assume the jurors were properly' qualified and that the defendant was satisfied with the jury. … it, to indicate clearly what he claimed the law to be and what charge he desired the Court to give.

State v. Bond

2023 Ohio 1226 · Ohio Court of Appeals · Apr 14, 2023

He argues that the State failed to qualify the video as a business record because its witness, Ginger Ashworth, “did not have sufficient familiarity with how the surveillance footage was maintained or stored to show that … The court noted that the male juror had denied falling asleep when confronted by the bailiff and that he appeared to have merely closed his eyes, while the female juror had been clearly sleeping.

State Ex Rel. May v. Lake Cty. Prosecutor, 2006-L-251 (6-8-2007)

2007 Ohio 2852 · Ohio Court of Appeals · Jun 8, 2007

As the primary basis for his motion, respondent submits that the petition of relator, James May, fails to state a viable claim for a writ because his own allegations establish that he has not taken the necessary steps to … qualify for the requested relief.