Case law

Brown v. Reading Community School Dist. Bd. of Edn.

2025 Ohio 2757 · Ohio Court of Appeals · Aug 6, 2025

(observing that that the lack of a qualified expert witness to establish the standard of care in a legal malpractice action provides a basis to award summary judgment to the defendant); Dickerson Internationale, Inc. v. … Id. {¶30} The settlement agreement between Jergens and the Browns clearly and unambiguously released Jergens from all claims for property damage the Browns might make arising from the project.

State v. Gray

206 N.E.3d 842 · Ohio Court of Appeals · Jan 26, 2023

Gray reiterated that it was not to provide an alibi, but to establish that his son was with him on the day of the murder. (Tr. 2538.) … Montalvo’s testimony about the anonymous caller was not used to establish the truth of the matter asserted as stated above. Sgt.

Barnett v. Baltimore & Ohio Rd.

119 Ohio App. 329 · Ohio Court of Appeals · Nov 25, 1963

Both of the decisions involving a statute of the state on venue and said doctrine of forum non conveniens are wholly remote from any issue in the case at bar as well as the privileges and immunity clause of the federal Constitution … Clearly that section gives the employee substantial benefits.

In re Estate of Eliker

32 Ohio Law. Abs. 465 · Ohio Court of Appeals · Jun 17, 1940

Poland, the medical witness, was especially qualified as an expert in his field to speak upon the subject under consideration. He was Mrs. … Myers’ testimony was restricted to the contents of the will, as to which the testatrix clearly informed Dr.

Ohio Civil Rights Commission v. Kent State University

129 Ohio App. 3d 231 · Ohio Court of Appeals · Jul 27, 1998

Because, as will be discussed infra, the latter is the ultimate issue in any disparate treatment discrimination case, we conclude that the court did not err in failing to more clearly enunciate its reasoning. … First, the employee may establish a case of discrimination using the now familiar shifting burden scheme established in McDonnell Douglas, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 , and revisited in Texas Dept. of Community

State v. Goffee

161 Ohio App. 3d 199 · Ohio Court of Appeals · May 18, 2005

Had Long and Conkle been agents of the state, the facts would have qualified as a legitimate Terry stop. {¶ 17} Upon review, we find that the trial court did not err in denying appellant’s motion to suppress. {¶ 18} Assignment … Appellant must establish the following: {¶ 41} “2.

Butcher v. Butcher

2011 Ohio 2550 · Ohio Court of Appeals · May 26, 2011

Butcher (“Husband”), appeals from the trial court’s judgment entry adopting the proposed qualified domestic relations order (“QDRO”) of plaintiff-appellee, Sally J. Butcher, n.k.a. Peterson (“Wife”). … However, an abuse of discretion may be found when the trial court “applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.” Thomas v.

State v. Johnson

256 N.E.3d 312 · Ohio Court of Appeals · Oct 24, 2024

The overwhelming evidence established that Johnson helped create fake police reports in exchange for money. … Johnson’s voice is clearly heard on the video footage presented in State’s exhibit No. 301, confirming that the reports were “the real deal.”

State v. Fenton

68 Ohio App. 3d 412 · Ohio Court of Appeals · Jun 29, 1990

SANDWISCH: I object to the offering of this testimony at this time because it is clearly hearsay, and the only potential one that I can even imagine would be the excited utterance one, and the testimony is clearly - it is … As long as it can be shown that the rape victim's will was overcome by fear or duress, the forcible element of rape can be established.

State v. Jack

2012 Ohio 2131 · Ohio Court of Appeals · May 14, 2012

For example, courts have held that police officers trained and qualified may identify marijuana without a laboratory test as long as there is a sufficient foundation laid to establish familiarity. State v. … for the testimony is established.

Godfrey v. City of Cleveland, Unpublished Decision (8-3-2000)

Ohio Court of Appeals · Aug 3, 2000

The General Assembly clearly established the policy of the law to be that political subdivisions cannot afford the costs of defending tort suits when incidents occur at these facilities. Fabrey. … While there may be a better alternative to a blanket grant of immunity from suit, we conclude grant immunity under R.C. 2744.02 (B)(4) is rationally related to its purpose of conserving political subdivision resources.

Shimola v. City of Cleveland

65 Ohio App. 3d 457 · Ohio Court of Appeals · Dec 4, 1989

Even if the building were a nuisance and an emergency was established, appellees must show that the nuisance could not be abated by measures other than demolition. … The commissioner shall designate as his deputy a qualified employee in the division who shall exercise all the powers of the commissioner during his absence or disability. Section 3103.01(b).

State v. Shannon

2017 Ohio 31 · Ohio Court of Appeals · Jan 5, 2017

L. would qualify to be a household member. … the issue, which is to be established before them.

Kraemer v. Board of Education

8 Ohio App. 428 · Ohio Court of Appeals · Mar 19, 1917

The charge as given by the court might doubtless be construed by the jury as requiring the owner of the property to establish by a preponderance of the evidence the value as fixed by his witnesses, the burden of proof *432 … Such a method is not permitted by the law, because it in effect puts every witness, good, bad and indifferent, on the same plane, no matter how well or illy qualified he may have shown himself to be to fix a proper value.

State v. Bayus, Unpublished Decision (3-31-2006)

2006 Ohio 1684 · Ohio Court of Appeals · Mar 31, 2006

Further, this court has held that the officer's testimony with respect to his or her qualifications and experience, is sufficient to establish that he or she is qualified to use the radar device. State v. … O'Neill, J., concurs, Colleen Mary O'Toole, J., concurs in judgment only. 1 This court and others have held that the officer's testimony is sufficient, either directly or indirectly, to establish that he is qualified.

State v. Flickinger

2021 Ohio 3261 · Ohio Court of Appeals · Sep 17, 2021

Rather, all that is required is that some evidence be admitted to establish value.” State v. Pesec, 11th Dist. Portage No. 2006-P-0084, 2007-Ohio-3846. … Moreover, “[a]n owner of personal property is qualified to given an opinion as to the value of personal property.” Id., citing Bishop v. East Ohio Gas, 143 Ohio St. 541 (1944).

State v. Allen

2013 Ohio 3715 · Ohio Court of Appeals · Aug 26, 2013

We find the impeachment also qualified under Evid.R. 613(B)(2)(b). … Allen's statements were corroborated by the accident investigation report and the eyewitness testimony. {¶28} Upon review, we find sufficient evidence to establish recklessness, and no manifest miscarriage of justice

State v. Harris

2024 Ohio 5808 · Ohio Court of Appeals · Dec 12, 2024

Harrison, 2009-Ohio-3547, ¶ 61, (an error rises to the level of plain error only if, “‘but for the error, the outcome of the trial clearly would have been otherwise’”), quoting State v. … 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

State v. White

2017 Ohio 6984 · Ohio Court of Appeals · Jul 27, 2017

The affidavit repeats facts established at trial, but with a pro-defendant twist designed to exculpate White from any involvement with the crime. … Although the trial court did acknowledge that Johnson is a convicted felon, the court’s judgment entry clearly reflects that it did not make its credibility determination on that basis alone.

Quitifan v. Shafiq

2016 Ohio 4555 · Ohio Court of Appeals · Jun 23, 2016

It clearly evinces an agreement by the parties that appellees would pay any additional costs in procuring the property, with the limitation that they be reasonable. … The trial court cited the affidavits of Ranjit and Rachpal that included clearly erroneous assumptions and irrelevant information.