Case law

Prudential Property & Casualty Insurance v. Koby

124 Ohio App. 3d 174 · Ohio Court of Appeals · Dec 8, 1997

Under the totality of the circumstances, it appears that Koby has established a separate residence in Texas. … In summary, having analyzed the pertinent case authorities, and construing the term “resident” liberally and in favor of the insured, we hold that Koby qualifies as a resident of his parents’ household.

Harvey v. Sys. Effect, L.L.C.

154 N.E.3d 293 · Ohio Court of Appeals · Apr 24, 2020

However, it is very difficult to see anything clearly in the slide.  -11- Harvey that there were termites in the home. … Qualified Privilege {¶ 78} Harvey’s final assignment of error is that: The Trial Court Erred in Asserting That Qualifying Privilege Could Protect Appellees' Conduct. {¶ 79} Under this

State v. Black

2017 Ohio 8063 · Ohio Court of Appeals · Oct 5, 2017

A reviewing court “weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly lost its way and created such … The trial court heard Palmer’s testimony about the fabricated kidnapping allegation, her subsequent recantation, the reasons she made up the allegation, and the fact that she received immunity in exchange for her trial

Pierce v. Louis Elec.

2013 Ohio 4151 · Ohio Court of Appeals · Sep 23, 2013

A reviewing court must determine whether the finder of fact, in resolving conflicts in the evidence, clearly lost his way and created such a manifest miscarriage of justice that the judgment must be reversed and a new trial … We have held on numerous occasions that where an appellant fails to provide a transcript of the original hearing before the magistrate for the trial court's review, the magistrate's findings of fact are considered established

State v. Robison

2011 Ohio 5999 · Ohio Court of Appeals · Nov 21, 2011

Robison was under arrest, exiting the vehicle, especially when coupled with his subsequent resistance when Ranger Garris and Officer Valek attempted to detain him again, would qualify as breaking or attempting to break … The jury did not clearly lose its way and create such a manifest miscarriage of justice that Mr. Robison’s conviction must be reversed and a new trial ordered. State v. Otten, 33 Ohio App. 3d 339, 340 (1986).

Mineral Dev., Inc. v. SWN Prod. Co., L.L.C.

2025 Ohio 395 · Ohio Court of Appeals · Feb 6, 2025

Appellant calls the SWN wells “off-premises wells” and concludes wells drilled on neighboring land would not qualify as “wells drilled on” the Premises. … The court recognized, “The evidence establishes that of these, the wellbores of the Shroyer 4H, the Ballpark 2H, and the Ballpark 4H pass beneath the Property.”

Glover v. Boehm Pressed Steel Co.

122 Ohio App. 3d 702 · Ohio Court of Appeals · Sep 8, 1997

The Barker analysis requires that the plaintiff-employee demonstrate ‘(1) that he was a member of the statutorily-protected class, (2) that he was discharged, (3) that he was qualified for the position, and (4) that he was … Clearly, in this instance, the trial court construed the evidence regarding David Strunk in a light most favorable to defendant-appellee by finding that Strunk’s conduct had “no racial overtone.”

State v. Beckley

2025 Ohio 4829 · Ohio Court of Appeals · Oct 22, 2025

To establish plain error, Beckley must demonstrate an “obvious error that affected the outcome of his case.” … Beckley does not meet the definition of a qualifying adult because of his criminal history.

A.A. v. F.A.

2019 Ohio 1706 · Ohio Court of Appeals · May 3, 2019

“This Court may not reverse the judgment of the trial court on the basis of plain error, unless appellant has established that the outcome of trial clearly would have been different but for the alleged error.” … We may only review those orders that are final and appealable and the magistrate’s decision in this matter does not qualify as a final order as defined in R.C. 2505.02.

Cooper v. Metal Sales Manufacturing Corp.

104 Ohio App. 3d 34 · Ohio Court of Appeals · May 15, 1995

Subsequently, he cooperated with the federal government’s investigation of TRW, and, in return, was granted immunity from prosecution. … The jury in Russ clearly understood that its focus was not to be on the termination itself, but rather the circumstances of the entire episode.

City of Middleburg Hts. v. Quinones, 88242 (7-19-2007)

2007 Ohio 3643 · Ohio Court of Appeals · Jul 19, 2007

He indicated that the *Page 4 lines on Fowles Road are clearly marked. … He also did not know if his certificate specifically stated that he was qualified to use a Gemini radar detector.

AWL Transport, Inc. v. Ohio Dept. of Job & Family Servs.

2016 Ohio 2954 · Ohio Court of Appeals · May 12, 2016

"Generally, R.C. 4141.24(F) provides two methods by which an employer may qualify as a successor in interest: (1) by operation of law or (2) through voluntary application." Resource Title Natl. Agency at ¶ 10. … Appellant's citation to Fojas's testimony and the USDA loan exhibit do not establish that the transfer of assets was not voluntary.

State v. Casey

2014 Ohio 1229 · Ohio Court of Appeals · Mar 27, 2014

We will not reverse a conviction so long as the state presented substantial evidence for a reasonable trier of fact to conclude that all of the essential elements of the offense were established beyond a reasonable doubt … R.C. 2901.01(A)(12) defines “privilege” as “an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.”

State v. Gutilla

59 Ohio Law. Abs. 289 · Ohio Court of Appeals · Jan 18, 1950

All of the qualifying terms Telate to, and may properly be associated with the professional treatment. … That such convictions are admissible in a prosecution under §12694 GC is established by State v. Ensminger, 149 Oh St 289.

State v. Rossi

2024 Ohio 2566 · Ohio Court of Appeals · Jul 2, 2024

Appellant contests whether the state sufficiently showed the victim qualified as a family or household member. {¶15} In pertinent part, the statutory definition of “family or household member” includes “[a]ny of the … the appellate court reviews the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses, and determines whether, in resolving conflicts in the evidence, the trier of fact clearly

State v. McConnell

2019 Ohio 2838 · Ohio Court of Appeals · Jul 12, 2019

Specifically, McConnell argues that Officer Massie did not testify that he had any experience that qualified him to detect the odor of burnt marijuana. … Obviously, the State believed it could establish its case against McConnell without the clerk’s testimony, and it did.

In re J.C.

2013 Ohio 3937 · Ohio Court of Appeals · Sep 13, 2013

Whether these limitations establish a “disability” under the ADA is far from clear. … D.P.’s foster parents are qualified to adopt him and are waiting to do so. J.C. is making progress in a residential facility and will be adoptable after her release.

State v. Newsome

2012 Ohio 6119 · Ohio Court of Appeals · Dec 26, 2012

trustworthiness of the statement {¶36} For Chaffins’ statements to qualify under the statement against interest exception, the State must have established that (1) Chaffins was unavailable as a witness, (2) the … Landrum, 53 Ohio St.3d 107, 114 (1990). {¶37} Both parties agree that the first two elements have been established.

McKinney v. Schlatter

118 Ohio App. 3d 328 · Ohio Court of Appeals · Feb 18, 1997

The plaintiff in a medical malpractice wrongful death case bears the burden of establishing (1) the existence of a duty owed by defendant to the decedent, (2) a breach of that duty, and (3), that the breach of duty was the … Solomito was clearly on call when McKinney sought treatment at MRH. Dr. Solomito testified that on that day, he was on call for his cardiology group. Moreover, unlike in Fought , there was no evidence that Dr.

Junction 615, Inc. v. Ohio Liquor Control Commission

135 Ohio App. 3d 33 · Ohio Court of Appeals · Sep 30, 1999

While at the establishment, the agents observed the dance routine of Lisa E. Mackel. … The holding in Salem clearly asserted that the wording of former Rule 52 was vague.