Case law

City of Akron v. Molyneaux

144 Ohio App. 3d 421 · Ohio Court of Appeals · Jul 11, 2001

The ordinance qualifies as a reasonable restriction on the manner in which handbills may be distributed in the city of Akron. … This restriction is clearly and specifically designed to prevent unwanted handbills from becoming the city’s litter.

Smith v. Worley

12 Ohio App. 367 · Ohio Court of Appeals · Dec 1, 1919

Jones, and the trustee thereupon qualified and entered upon the performance of his duties. … Furthermore, evidence was received without objection establishing these facts.

Giebner v. Summity County, Unpublished Decision (3-13-2002)

Ohio Court of Appeals · Mar 13, 2002

If a plaintiff is able to show that a political subdivision is liable pursuant to a R.C. 2744.02 (B) exception to the general broad grant of immunity, a political subdivision can still establish nonliability by demonstrating … the decision not to inspect or otherwise maintain the water valve box was clearly an exercise of discretion regarding how to use Summit County personnel, equipment, or facilities.

St. Ex Rel. Cast Specialties v. Indus Comm, Unpublished Decision (1-18-2005)

2005 Ohio 154 · Ohio Court of Appeals · Jan 18, 2005

(Relator's brief at 6; emphasis sic.) {¶ 76} Criticism of the SHO for his statement during the hearing is clearly unwarranted. … The above cited case law clearly establishes that an employer does not have a duty of constant surveillance to prevent employees from taking such unilaterally negligent actions that defeat safety devices that otherwise place

State v. Trammel

2026 Ohio 2449 · Ohio Court of Appeals · Jun 29, 2026

of the evidence but not to the extent of such certainty as is required beyond a reasonable doubt . . . and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established … R.C. 2929.13(B) provides that offenders convicted of felonies of the fourth or fifth degree that are not offenses of violence or a qualifying assault offense "shall" be sentenced to community control.

State v. Taylor

174 Ohio App. 3d 477 · Ohio Court of Appeals · Dec 28, 2007

be required to complete the search.” 11 Further, other courts have held that a warrant for a search of a particular residence or for “the bottom half of a building” allows the search of the basement as long as it is not clearly … We have previously held that the trial court did not abuse its discretion in qualifying a police officer as an expert in drug trafficking.

San Allen, Inc. v. Buehrer

2014 Ohio 2071 · Ohio Court of Appeals · May 15, 2014

new safety programs under which employers could qualify for premium discounts or rebates. … R.C. 2743.03 established the court of claims, granting it “exclusive, original jurisdiction of all civil actions against the state permitted by the waiver of immunity contained in section 2743.02 of the Revised Code.”

Shampton v. City of Springboro, Unpublished Decision (1-11-1999)

Ohio Court of Appeals · Jan 11, 1999

damages for injury, death, or loss to persons or property allegedly caused by any act or omission in connection with a governmental or proprietary function, the following defenses or immunity may be asserted to establish … Clearly, the city manager is empowered to negotiate contracts, along with the city attorney.

Musial Offices, Ltd. v. Cuyahoga Cty.

163 N.E.3d 84 · Ohio Court of Appeals · Nov 25, 2020

’ claims pursuant to sovereign immunity provided by R.C. … It is inconceivable how money belonging to Cleveland could “clearly be traced to particular funds or property” in the BWC’s possession, see Great-West [Life & Annuity Ins. Co. v.

Presbyterian Church v. Bevan

24 Ohio C.C. Dec. 318 · Ohio Court of Appeals · May 15, 1913

A hypothetical question may assume such facts within the range of the evidence as the party believes the evidence tends to establish. Louisville, N. A. & C. Ry. v. Wood, 113 Ind. 554 [14 N. E. Rep. 572; 16 N. E. … In this case we are clearly of the opinion that the verdict of the jury is clearly and manifestly against the weight of the evidence and contrary to law.

In re S. Children

2024 Ohio 538 · Ohio Court of Appeals · Feb 14, 2024

Children have resided since 2018, does not qualify as the “home state” of the children because the children were not residing there for the relevant time period with a parent or a person “acting as a parent.” … is clearly and convincingly supported by the record.

Richter v. Richter

2025 Ohio 880 · Ohio Court of Appeals · Mar 17, 2025

Where the rights of the parties are not clearly defined in law, broad equitable principles of fairness apply and determine the outcome of each case individually. … The court deemed Shobe qualified to testify as Robert's expert.

State v. Starks

196 Ohio App. 3d 589 · Ohio Court of Appeals · May 16, 2011

Contrary to Starks’s argument, however, the record clearly indicates that he was charged and convicted of violating R.C. 4511.21(D)(1). … engineering survey.” {¶ 42} In his remaining assignments of error, Starks challenges the sufficiency of Trooper Witmeyer’s testimony with regard to the condition of the laser on the day of the traffic stop and whether he was qualified

Estate of Gsellman v. Ohio Dept. of Job & Family Servs.

2012 Ohio 1620 · Ohio Court of Appeals · Apr 11, 2012

Category three is exempt trusts such as a special needs, qualifying income, or supplemental services trust. Category four is trusts established by someone else for the benefit of the individual. … This is clearly not a complete failure by the agency to comply with R.C. 119.12.

Doty v. Doty

2023 Ohio 2519 · Ohio Court of Appeals · Jul 24, 2023

However, in determining the value of marital property, the trial court must have evidence before it to support the figure that it establishes. … Ferrell is not qualified to provide an appraised value but states that in giving a general listing price range he does not need to enter the home for inspection.

Davis v. United Dairy Co.

2025 Ohio 5479 · Ohio Court of Appeals · Dec 9, 2025

Briefly, however, Appellant clearly demonstrated the first two elements of a prima facie case: (1) Appellant filed a workers’ compensation claim; and (2) Appellee discharged Appellant. … During a probationary period, senior and well-qualified drivers work with the probationary employee in order to determine if the probationary employee is qualified to become a relief driver.

Ohio Bar Liab. Ins. Co. v. Wallace

183 N.E.3d 638 · Ohio Court of Appeals · Jan 20, 2022

Dist.[, 631 F.3d 1117 (9th Cir.2011),] analogized the IDEA fee-shifting provision to Rule 11: “The legislative history [of IDEA] . . . reveals that section 1415(i)(3)(B)(i)(III) ‘comes from another well-established … The stated purpose of the statute, by its own text, clearly demonstrates it was not designed to deter frivolous conduct by any party or attorney.

Webb v. Ohio Cas. Ins.

2 Ohio App. Unrep. 691 · Ohio Court of Appeals · Apr 16, 1990

The trial court based its dismissal on its understanding that Webb had not met her *694 burden of establishing all elements of a prima facie case for age discrimination. … Webb argues that she met that burden by establishing constructive discharge.

State v. Brown

2013 Ohio 1982 · Ohio Court of Appeals · May 16, 2013

Brown’s convictions for attempted rape and kidnapping with a sexual motivation qualify as sexually violent offenses pursuant to R.C. 2971.01. {¶27} R.C. 2971.01(H)(2) provides a list of factors that may be considered … It is well established that “[c]riminal convictions cannot rest upon mere speculation; the state must establish the guilt of the accused by proof beyond a reasonable doubt.” State v.

Adams v. Adams

108 N.E.3d 615 · Ohio Court of Appeals · Mar 12, 2018

the trial court will not have jurisdiction to order child support after the children reach the age of majority, Delaware County, Case No. 17 CAF 08 0061 6 ‘[a] well-established … the hearing on the motion to hold him in contempt that the payments required by paragraph 3 of section 24 were related to tuition only and that when his children were no longer enrolled in an educational program that qualified