Case law

Cook v. NL Industries, Inc.

2013 Ohio 5119 · Ohio Court of Appeals · Nov 21, 2013

Decedent’s oncologist responded that he was not an expert in asbestos-related disease, and thus not qualified to provide a statement relating to the claim. … Schonfeld’s letter of interpretation, is deemed sufficient to establish a prima facie showing, neither Dr.

State v. Barnett

2018 Ohio 4133 · Ohio Court of Appeals · Oct 12, 2018

AG’s testimony clearly indicates that Barnett, her biological father, engaged in sexual conduct with her. … Accordingly, Barnett’s prison sentence is not clearly and convincingly contrary to law. {¶ 96} “[A]n appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if

Vill. of Timberlake v. Graham

110 N.E.3d 592 · Ohio Court of Appeals · Apr 16, 2018

The original, however, clearly charges appellant with speeding under section 434.04(B)(3) of the Village of Timberlake traffic ordinance. … Furthermore, in Sferra, this court also held that admission of the certificate is not the sole means for qualifying an officer.

Englewood v. Turner

178 Ohio App. 3d 179 · Ohio Court of Appeals · Sep 12, 2008

Solly clearly indicates that a property owner is not barred from suit by failing to bring an action to enjoin threatened wrongful destruction. … We stressed that while this distinction should itself dispose of the matter, we had also “previously construed Blodgett as establishing a narrow definition of ‘involuntariness.’” Id., citing Poppa Builders, Inc. v.

State v. Miller

2018 Ohio 4258 · Ohio Court of Appeals · Oct 22, 2018

LEXIS 3840, *2 (Sept. 8, 2017) (appellant "cannot bestow sovereign immunity on herself. … In this case, the defendant's motions are often creative, but not always clearly and cogently written.

State v. Gonzalez, 06 Ma 58 (6-3-2008)

2008 Ohio 2749 · Ohio Court of Appeals · Jun 3, 2008

Supreme Court has held that accident reconstruction is an area of expertise that no one without the required training and/or experience, not even experienced police officers who have investigated multiple accidents, are qualified … Clearly, the other acts evidence in this case does nothing to establish a modus operandi.

Elmhurst Convalescent Center, Inc. v. Bates

46 Ohio App. 2d 206 · Ohio Court of Appeals · Oct 30, 1975

Clearly, if the language which was disapproved by the governor were left standing and a- part of the act, flat rate payments of $17 and $15 a day for skilled and intermediate care nursing homes would be required during fiscal … The purpose of the vetoed portion is different as it establishes a flat rate payment basis rather than an actual substantiated rate.

May v. Donich Neurosurgery & Spine, L.L.C.

2019 Ohio 4246 · Ohio Court of Appeals · Oct 16, 2019

Levy was not qualified to be an expert pursuant to Evid.R. 601(D), and also asserting that Dr. … Levy’s own deposition testimony to establish that Dr.

Jackson v. City of Columbus, Unpublished Decision (10-3-2006)

2006 Ohio 5209 · Ohio Court of Appeals · Oct 3, 2006

On June 6, 2003, the trial court entered partial summary judgment in favor of the city, finding that the city would be immune from liability if the evidence established that the alleged defamation was intentional. … Appellees invoke only the qualified or conditional public interest privilege recognized in Ohio.

State v. Jones

2014 Ohio 3064 · Ohio Court of Appeals · Jul 11, 2014

The Defendant does not qualify for a diagnosis of mental retardation. … During the first interview on March 28, 2012, appellant was clearly in charge of the scope of the interview.

Compston v. Automanage, Inc.

79 Ohio App. 3d 359 · Ohio Court of Appeals · Apr 20, 1992

Assignment of Error No. 4: “The trial court erred to the prejudice of the appellant by not holding a pretrial to clearly define the issues before the court.” … Even though he was informed that he was required to make the $441 payment to qualify for coverage, appellant did not do so.

In re J.H.

2022 Ohio 3987 · Ohio Court of Appeals · Nov 9, 2022

The burden rests on the state to prove beyond a reasonable doubt that J.H. qualified as a fugitive from justice. … In fact, we are unaware of any case where the simple existence of a warrant justified a conclusion that the defendant qualified as a fugitive from justice.

Dunn v. W. Roofing Sys., Inc.

2024 Ohio 4856 · Ohio Court of Appeals · Sep 26, 2024

This section is clearly irrelevant, here. {¶22} Additionally, the administrator may take into consideration any circumstances which, at the time of the death of the decedent, clearly indicate prospective … McDonald addressed whether the fiancé of a deceased employee could qualify as a claimant by virtue of R.C. 4123.59(D).

State v. Winston

2025 Ohio 1727 · Ohio Court of Appeals · May 12, 2025

Moreover, even if Winston establishes that an error by his appellate counsel was professionally unreasonable, he must establish that he was prejudiced; but for the unreasonable error there exists a reasonable probability … (sentence of life in prison under R.C. 2971.03(A)(2) was not clearly contrary to law).

Rudibaugh v. City of Niles

56 Ohio App. 451 · Ohio Court of Appeals · Mar 4, 1937

We *168 see no reason for departing- from the practice heretofore established. The plaintiff, appellee, at the time of the injury received by her, was a minor of the age of eight years lacking a few days. … The amended .petition was thus rendered immune from attack by way of demurrer, and the Common Pleas Court did not err in overruling a demurrer thereto, but the plaintiff’s own proof in this case, which is further corroborated

Dubin v. Security Union Title Insurance

162 Ohio App. 3d 97 · Ohio Court of Appeals · Jul 7, 2005

The plaintiff bears *100 the burden of establishing the right to a class action. Shaver v. … (Emphasis added.) {¶ 25} The trial court held that language to clearly and unambiguously mean that the consumer, the Dubins in this case, must provide the insurer with a copy of their former policy.

Runser v. Lippi

105 Ohio App. 3d 752 · Ohio Court of Appeals · Aug 18, 1995

The court thus determined that Lippi’s nieces and nephews could receive scholarships only if they qualified under the Foundation’s guidelines, and were not entitled to any preference, despite Lippi’s explicit testamentary … The provision clearly expresses the testator’s intent that the education of his nieces and nephews be preferred, regardless of their domiciles, over that of the needy citizens of Van Wert County.

State v. Louis

2020 Ohio 951 · Ohio Court of Appeals · Mar 13, 2020

Based upon its examination, the trial court qualified Lager as a Haitian-Creole interpreter. {¶ 22} Louis has not demonstrated that Lager was not qualified to interpret or that she was inaccurately interpreting. … In order to establish prejudice, “the defendant must prove that there exists a reasonable probability that, were it not for counsel's errors, the result of the trial would have been different.”

Green Tree Servicing, L.L.C. v. Roberts

2013 Ohio 5362 · Ohio Court of Appeals · Dec 9, 2013

Accordingly, "unless the trial court clearly abused its discretion and a party was materially prejudiced as a result, reviewing courts should be slow to interfere." Silver v. … Franklin No. 11AP-951, 2012- Ohio-3165, ¶ 18. {¶ 29} To qualify for admission under Evid.R. 803(6), "a business record must 2.

State v. Hudson

2017 Ohio 645 · Ohio Court of Appeals · Feb 22, 2017

The parties stipulated to the admission of a certified copy of the judgment entry establishing Appellant’s prior adjudication, and Appellant does not take issue with the element involving a qualifying prior juvenile adjudication … The trial court did not clearly lose its way and create a manifest miscarriage of justice in its weighing of the evidence (and reasonable inferences to be drawn therefrom) or in its consideration of witness credibility.