Case law

Catipay v. Humility of Mary Hlt. Partners, Unpublished Decision (3-31-2006)

2006 Ohio 1700 · Ohio Court of Appeals · Mar 31, 2006

Second, as we discuss below, HCQIA clearly reflects a public policy decision to shield peer review committees from liability when performing their peer review functions. … Austin, supra at 734 . {¶ 36} The record shows appellees established they were entitled to immunity under HCQIA.

State v. Schoenlein

2018 Ohio 1653 · Ohio Court of Appeals · Apr 27, 2018

literally thousands of individuals in varying capacities in his police investigatory capacity. {¶ 28} Furthermore, it is well-established the police officers do not need to be specifically qualified as expert witnesses … manifest weight, the appellate court must review the record, weigh the evidence and all reasonable inferences, consider witness credibility and determine, in resolving evidentiary conflicts, whether the trier of fact clearly

Smith v. Omaits

2016 Ohio 1442 · Ohio Court of Appeals · Mar 24, 2016

. {¶10} Appellees also urged the documents relied upon by Appellant established no basis of fact for his claims. The affidavit of Mr. … Id. at 262. {¶30} Appellant responds by arguing that his allegations of fraud by the estate’s attorney qualify as the special circumstances contemplated in McCord.

Underwood v. Isham, Judge

61 Ohio App. 129 · Ohio Court of Appeals · Jan 23, 1939

own boundaries, within the limits of the grant, it executes the functions and possesses the attributes of sovereignty, and to that extent as against its citizens and all persons within its jurisdiction has the rights and immunities … Under such circumstances, the municipality clearly had power. What the court said about charter provisions prevailing over state laws should be read in the light of the subject-matter.

State, Ex Rel. Corron v. Wisner

23 Ohio App. 2d 1 · Ohio Court of Appeals · Apr 28, 1970

The duty of assessing real estate is clearly that of the county auditor. R. … Wisner called attention to the enormity of the task of searching out those qualifying parcels. If his failure to accomplish uniformity be an abuse of discretion, it can hardly be called “gross” or “flagrant.”

State v. Zuniga

2021 Ohio 196 · Ohio Court of Appeals · Jan 27, 2021

THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT QUALIFIED SERGEANT BARRETT AS AN EXPERT IN K9 TRAINING AND DRUG DETECTION.” {¶22} “IV. … Pursuant to Evid.R. 104(A), the trial court determines whether a witness qualifies as an expert, and that determination will be overturned only for an abuse of discretion. State v.

State ex rel. Gaylord v. Herdman

17 Ohio App. 269 · Ohio Court of Appeals · Jan 19, 1923

We are clearly of the opinion that the Legislature having provided a remedy by which Gaylord could try his election contest in the court of com mon pleas, we are without authority to inquire into the validity of such election … Their names were placed upon the ballots as candidates for lawfully and regularly established offices; they received a majority of the votes east; they were given certificates of election by the regular election officials

State Ex Rel. Mar-Well, Inc. v. Dodge

113 Ohio App. 118 · Ohio Court of Appeals · Jun 22, 1960

A long transcript of testimony, taken before a qualified person, together with a number of exhibits, is the evidence which this court has examined in the consideration of this case. … arbitrary are questions committed in the first instance to the judgment and determination of the legislative body, and the decisions of such legislative body on those questions will not be disturbed unless they appear to be clearly

Nunn, Admr. v. Hubacher

25 Ohio App. 265 · Ohio Court of Appeals · Apr 25, 1927

It appears from the record that the administrator was appointed and qualified October 29, 1923, and that before the expiration of a year, and without any authority from the probate court, he paid to the brother $1,000, November … other courts, does not warrant the conclusion that as a matter of law the judgment, below is clearly and manifestly against the weight of the evidence.

Gallagher v. Firelands Regional Med. Ctr.

2017 Ohio 483 · Ohio Court of Appeals · Feb 8, 2017

Gregg Zoarski, who was qualified as an expert in neuroradiology. … Further, appellees argued that a sufficient foundation for the admissibility of the records was not established as no doctor from University Hospitals testified during the trial.

McCleery v. Leach, Unpublished Decision (4-11-2003)

Ohio Court of Appeals · Apr 11, 2003

Penn at 149: {¶ 40} "*** Willitzer stands for the proposition that physicians who are not appointed by a court are to be granted no more than qualified immunity for work conducted outside the court. … Without reliance to establish proximate cause, appellant's claims for negligence and malpractice cannot be established. {¶ 58} Thus, the trial court's finding of no proximate cause was correct.

State v. Lanning

161 Ohio App. 3d 853 · Ohio Court of Appeals · Jun 29, 2005

Therefore, we cannot say that the jury clearly lost its way and created such a manifest miscarriage of justice that the *856 conviction must be reversed and a new trial ordered. … I {¶ 2} The grand jury subpoenaed Lanning and granted her transactional immunity relating to her testimony regarding the murder of Terrace Ross and the shooting of Nyra Mays. 1 Brad McLain 2 was a suspect in the murder and

Dept. of Natural Resources v. Knapke Trust

2015 Ohio 470 · Ohio Court of Appeals · Feb 9, 2015

This was qualified by Mark Knapke wherein he testified that the flooding on the farm never lasted more than a few weeks, and was at times only days in duration. … . {¶50} Second, when looking at this jury instruction in its entirety, there are further qualifying statements that clearly inform the jury as to the nature of the flooding.

Peto v. Korach

17 Ohio App. 2d 20 · Ohio Court of Appeals · Jan 16, 1969

However, while the use of such words is not essential to enable a covenant to run, the use of those words ‘ ‘ does clearly reflect upon and is indicative of the intention of the grantor at the time of the conveyance.” … generally-accepted view, that a covenant establishing a burden on a grantor, “his heirs and assigns,” to assist financially in the maintenance of realty dealt with in the instrument establishing the covenant, is a real covenant

Baechel v. Sears, Roebuck & Co.

98 Ohio App. 3d 365 · Ohio Court of Appeals · Dec 14, 1994

A hearing officer issued an order stating that Raymond’s death was a result of an occupational disease arising out of his employment and that JoAnn was a dependent spouse and therefore qualified to participate in the Workers … Initially, the court’s jury instruction clearly required the jury to find that Raymond’s exposure to asbestos while working at Sears was injurious before an *370 entitlement to any benefits can be found.

State v. Turner

2020 Ohio 1548 · Ohio Court of Appeals · Apr 20, 2020

. {¶26} The record clearly indicates that the trial court reasonably continued the trial given an inability to seat a jury on the initial trial date. … The record clearly establishes that Grandmother's testimony about Mother's statements was properly admitted as an excited utterance. E.

Guardianship of Newcomb v. City of Bowling Green

36 Ohio App. 3d 235 · Ohio Court of Appeals · Nov 6, 1987

Over the years, courts have abandoned this type of reasoning as being extreme, because in effect, it cloaked the providers of intoxicants with a blanket immunity from potential lawsuits. … He then stated, “[t]his court has never extended the case law of Mason to the general public, and the majority should so state more clearly here.” Id., 11 OBR at 425-426, 464 N.E. 2d at 525 .

State v. Yarbrough

2025 Ohio 5437 · Ohio Court of Appeals · Dec 5, 2025

Under the statute, a trial court must impose an indefinite prison term for a qualifying offense that consists of a minimum term selected by the sentencing judge from the range of terms provided in R.C. 2929.14(A) and a … Then they’ll establish a new out date for you. It's presumed you’ll be released on that date. Unless what?

State v. Hendrix

2013 Ohio 638 · Ohio Court of Appeals · Feb 25, 2013

Osterloh found the lead isotope ratios to be either “clearly different” or “very different” from the ratios from H.H.’s specimen. … Quang was not qualified as an expert and thus his opinions on the chemistry involved cannot be considered reliable. And, although Drs.

Stave v. Beavers

2020 Ohio 69 · Ohio Court of Appeals · Jan 13, 2020

Beavers may properly challenge whether the officer is qualified and competent to testify regarding the administration of the test. … the issue which is to be established before them.