Case law

State ex rel. Mt. Healthy Teachers' Ass'n v. Mt. Healthy Board of Education

54 Ohio App. 2d 235 · Ohio Court of Appeals · Jan 11, 1978

Appellant contends that paragraph 4 of the statute, *238 supra, clearly provides that a hoard may enter into a limited contract with any teacher who has been in its employ for less than three years, and thus the Mt. … Our audit of the record establishes that there was no basis for any monetary award below since there was no evidence adduced upon which the court could make such an award. Thus, the cross appellant’s assignment fails.

State v. Mankin

2020 Ohio 5317 · Ohio Court of Appeals · Nov 17, 2020

A court will reverse on plain error based on an erroneous jury instruction only upon a showing that the outcome " 'clearly would have been different absent the error.' " State v. Petty, 10th Dist. … If Mankin can so demonstrate, she must then establish that she was prejudiced by the deficient performance. Id.

Crawford v. Am. Family Ins. Co.

212 N.E.3d 421 · Ohio Court of Appeals · Mar 31, 2023

In this circumstance, the Supreme Court of Ohio found the trial court clearly had not conducted even a “cursory review” and that the court of appeals had erred in affirming the summary judgment. Id. … Even if certain circumstances would not individually qualify as bad faith conduct, the overall circumstances are relevant and must be viewed in the light most favorable to Appellant.

Thomas v. City of Cleveland

176 Ohio App. 3d 401 · Ohio Court of Appeals · Apr 10, 2008

An abuse of discretion exists when the district court applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact. Berger v. Mayfield Hts. … The burden for establishing special circumstances is on the defendant. Williams v. Miller (C.A.8, 1980), 620 F.2d 199, 202 .

Purcell v. Schaefer

2014 Ohio 4894 · Ohio Court of Appeals · Nov 3, 2014

As such, we weigh the evidence and all reasonable inferences, consider the credibility of witnesses, and determine whether in resolving conflicts in the evidence, the finder of fact "clearly lost its way and created such … "Relief from judgment may be granted based on newly discovered evidence, but similar to Civ.R. 59, evidence that could have been discovered prior to trial by the exercise of due diligence does not qualify as newly discovered

Wells Fargo v. Smith

2013 Ohio 855 · Ohio Court of Appeals · Mar 11, 2013

Smith's loan application but stated that she qualified for the mortgage without the inclusion of this income. Mrs. … Jones' affidavit clearly stated that the R.C. 1345.031(B)(8) form was utilized in Mrs. Smith's mortgage closing.

In re Timken Mercy Medical Center

4 Ohio App. Unrep. 389 · Ohio Court of Appeals · Jun 12, 1990

No. 88AP-478, unreported (1988 Opinions 4300, 4302), calling the proceeding qualified de novo but declining to decide the issue as it was not properly before the court. … Basically, they maintained that it might be difficult for Timken to obtain qualified personnel for a beginning program.

Hammond v. Sait

2023 Ohio 893 · Ohio Court of Appeals · Mar 15, 2023

However, the black-and- white footage is blurred and does not clearly depict the events. … Insofar as the only physical assault clearly established by the record was committed by Appellee on Appellant, we presume that Appellee alleged that Appellant engaged in a pattern of conduct and knowingly caused her physical

State ex rel. Arline v. Indus. Comm.

2024 Ohio 2463 · Ohio Court of Appeals · Jun 27, 2024

Therefore, she was clearly unaware of the hearing and therefore, did not appear. (Stip. at 37.) {¶ 30} 17. … In order to qualify for an extension of time to appeal under R.C. 4123.522, “the party alleging the failure to receive notice must first prove that (1) the failure of notice was due to circumstances beyond the party’s or

Allis-Chalmers Credit Corp. v. Herbolt

17 Ohio App. 3d 230 · Ohio Court of Appeals · May 31, 1984

Allis-Chalmers and Hillsboro are both clearly merchants who deal in farm equipment. … Clearly, the combine and other equipment involved in this cause qualify as “goods.” 4 For an excellent discussion of warranty law in Ohio, see Squillante, Warranty Sales Law in Ohio (1981), 31 Case W. Res. L.

Russo v. City of Cleveland, Unpublished Decision (1-6-2000)

Ohio Court of Appeals · Jan 6, 2000

However, these exceptions are also not absolute, as immunity can be re-established if the political subdivision can successfully argue that one of the defenses contained in R.C. 2744.02 (B) or R.C. 2744.03 applies. … Russo has not alleged that any exceptions under R.C. 2744.02 (B) that would apply to the facts of this case and, as a result, immunity of the City is established under R.C. 2744.02 (A). McCloud v.

Village of Brady Lake v. City of Kent, Unpublished Decision (3-31-2006)

2006 Ohio 1693 · Ohio Court of Appeals · Mar 31, 2006

may be asserted to establish nonliability: {¶ 27} "* * * {¶ 28} "(3) The political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was … Brady Lake, 148 Ohio App.3d 429 , 2002-Ohio-3141 , at ¶ 30 (Ford, P.J., dissenting). {¶ 33} In the case at bar, appellants have not proven that appellee engaged in any negligent conduct to establish an exception to immunity

State v. Magallanes

2014 Ohio 4878 · Ohio Court of Appeals · Nov 3, 2014

. {¶10} Clear and convincing evidence is that “which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.” Cross v. … Magallanes failed to clearly and convincingly demonstrate that his sentence was not supported by the record.

Evans v. Hunter

2018 Ohio 1498 · Ohio Court of Appeals · Apr 18, 2018

The mere size of the verdict is insufficient to establish proof of passion or prejudice. Pearson v. … Steiman did not qualify, limit, or condition his opinion as being based on Michelle’s subjective complaints.

State v. Jeffers

2025 Ohio 989 · Ohio Court of Appeals · Mar 21, 2025

Bowers did not believe that Jeffers could have returned to his shooting range from his front porch before the shots began. {¶ 43} The jury clearly credited the testimony of the State’s witnesses over that of Jeffers … -23- appellate court may increase, reduce, or modify a sentence, or vacate it altogether and remand for resentencing, if it “clearly

Greenawalt v. Yuhas

83 Ohio App. 426 · Ohio Court of Appeals · Apr 8, 1947

The burden is upon the defendant to establish this defense by a preponderance of the evidence, and likewise, to further establish that such contributory negligence contributed to the injuries sustained by Robert Greenawalt … and following the authorities mentioned, we find that the court erred in submitting plaintiff’s special request No. 2 to the jury, for the reason that the same was incomplete under the rules above mentioned, in not being qualified

Stallworth v. Wal-Mart Stores E., L.P.

2016 Ohio 2620 · Ohio Court of Appeals · Apr 22, 2016

The trial court clearly indicated in its entry that it was reviewing the Commission’s cease-and-desist order to determine whether there was reliable, probative and substantial evidence to support the administrative law … Or, a plaintiff may establish a prima facie case of discrimination by showing (1) that he is a member of a racial minority or protected class; (2) that he was qualified for the position; (3) that he suffered an adverse

State v. Hicks

2025 Ohio 2520 · Ohio Court of Appeals · Jul 17, 2025

Further, the statement clearly related to the event because the employee was likely attempting to alert his coworkers to the perceived threat so that they could adequately secure the lot. … I do not believe the statement qualified as a present-sense impression, and it should have been excluded.

Villa v. Village of Elmore, Unpublished Decision (12-16-2005)

2005 Ohio 6649 · Ohio Court of Appeals · Dec 16, 2005

In its motion for summary judgment, the village claimed immunity under R.C. 2744 and argued that none of the exceptions to immunity set forth in R.C. 2744.02 (B) applied. … Clearly, the information published related to appellant's public life and was of legitimate concern to the public appellant was then serving as chief of police.

You v. Northeast Ohio Med. Univ.

2018 Ohio 4838 · Ohio Court of Appeals · Dec 6, 2018

Pursuant to R.C. 2743.03(A)(1), the Court of Claims has "original jurisdiction of all civil actions against the state permitted by the waiver of immunity contained in section 2743.02 of the Revised Code and exclusive jurisdiction … employment action, (3) was qualified for the position, and (4) was replaced by a person outside the protected class or that the employer treated a similarly situated non-protected person more favorably.