Case law

Boss v. Alms & Doepke Co.

17 Ohio App. 314 · Ohio Court of Appeals · Feb 5, 1923

it was impliedly conferred on him as Vice-President, that the board of directors, by long acquiescence in allowing the president, or vice-president in his stead, to do almost any act on behalf of the company, created an established … Later a corporation was formed, known as The Alms & Doepke Company, which took over all the assets of the partnership, and in this corporation practically all of the stock, except that necessary for qualifying other directors

State v. Dix

2022 Ohio 681 · Ohio Court of Appeals · Mar 10, 2022

This statement is sufficient to demonstrate that the court considered the applicable factors unless the defendant affirmatively establishes otherwise. Id. Dix has failed to do so. … In this instance, Dix’s behavior does not qualify as a mitigating factor.

State v. Peterson

2025 Ohio 877 · Ohio Court of Appeals · Mar 17, 2025

The State must “establish that [the defendant’s] impaired condition resulted from being under the influence of a drug of abuse.” … Strebler, 2006-Ohio-5711, ¶ 12, 14 (9th Dist.). {¶37} Even assuming the state trooper and EMT were qualified to render opinions that Petersen was under the influence of an opioid, their testimony was insufficient

Avita Health Sys. v. Robertson

2024 Ohio 1619 · Ohio Court of Appeals · Apr 26, 2024

, or a sum that can qualify as an account stated, or some other provable sum); (2) listed items, or an item, dated and identifiable by number or otherwise, representing charges, or debits, and credits; and … Instead, as already discussed, they clearly reflect the amount that appellant owes after Anthem paid its portion of the bill and negotiated lower rates on appellant’s behalf.

Espy v. Village of Montgomery

30 Ohio App. 2d 65 · Ohio Court of Appeals · Sep 20, 1971

City of Berea, 7 Ohio St. 2d 85 , the Supreme Court established that the proper procedure for an aggrieved party to obtain judicial review of a city council’s denial of an application to rezóno or authorize a variance is … Municipal governing bodies are better qualified, because of their knowledge of the situation, to act upon these matters than are the courts.”

State v. Martin

2016 Ohio 225 · Ohio Court of Appeals · Jan 20, 2016

the issue, which is to be established before them. … C-120756, 2013-Ohio-3159, ¶32. {¶60} This series of events in the case at bar clearly establishes an excited utterance exception to the hearsay rule. {¶61} Martin’s second assignment of error is overruled

State v. Goodballet, Unpublished Decision (3-30-1999)

Ohio Court of Appeals · Mar 30, 1999

A reading of R.C. 2950.07 (B)(3) reveals that this is clearly not what the legislature intended. … To permit such would be paramount to granting felons immunity from all future remedial laws which relate to their past conduct. B.

State v. Jordan, 06 Ha 586 (6-22-2007)

2007 Ohio 3333 · Ohio Court of Appeals · Jun 22, 2007

Likewise, Jordan concedes that Carrothers' credentials and experience qualify him as an expert under Evid.R. 702(B). … After CA drank the alcohol, Jordan engaged in sexual conduct with her. {¶ 99} CA's testimony is clearly sufficient, when viewed in the light most favorable to the State, to establish that Jordan knew her ability to resist

Wells Fargo Bank, N.A. v. Bielec

2014 Ohio 1805 · Ohio Court of Appeals · Apr 29, 2014

The testimony establishes that exhibit No. 4, is a copy of the very "Loan Modification Agreement" Wells Fargo filed with the court on January 9, 2012. (Tr. 21, 44- 45.) … me written notice that I do not qualify for the Offer.

Sponagle v. Usair Group, Inc.

81 Ohio App. 3d 789 · Ohio Court of Appeals · Jul 16, 1992

It is essential that two important facts be clearly established: (1) That the principal held the agent out to the public as possessing sufficient authority to embrace the particular act in question, or knowingly permitted … In order to attract qualified young pilots and encourage them to stay on at Jetstream, candidates were informed of the relationship between Piedmont and Jetstream.

State v. Alejo

2026 Ohio 2250 · Ohio Court of Appeals · Jun 15, 2026

He said he “was not thinking clearly at all.” He did not go into her house and instead sat in the driveway where he cried and had a panic attack. … Instead, it was relevant to establish Appellant’s intent when he fled the State of Ohio and to attack his credibility in his explanation for doing so.

State v. Hawkins

2021 Ohio 3072 · Ohio Court of Appeals · Sep 7, 2021

Thus, the trial court clearly executed its gatekeeping duties. … witness may testify as an expert if (1) the witness' testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons, (2) the witness is qualified

Shannon v. Johnson Hughes Excavating, Unpublished Decision (12-31-2002)

Ohio Court of Appeals · Dec 31, 2002

A duty owed to the plaintiff is fundamental to establishing actionable negligence. Id. at 142 . If there is no duty, then no legal liability can arise. Id. … So you, obviously, saw that sign. {¶ 37} "A: Yes. {¶ 38} "* * * {¶ 39} "Q: But it was clearly marked closed?

Momentum Freight Logistics Corp. v. Benie Logistics, Inc.

2025 Ohio 5738 · Ohio Court of Appeals · Dec 23, 2025

Kristal & Forche, D.D.S., Inc. at ¶ 21. {¶ 23} “Common words in a contract are given their plain and ordinary meaning, unless another meaning is clearly evident from the face or overall content of the contract, or … To qualify for the Winter Dividend the employer had to satisfy the same criteria applicable for the Fall Dividend.

State v. Butts

2020 Ohio 1498 · Ohio Court of Appeals · Apr 16, 2020

In this case, the state was permitted to present expert testimony to establish that K.R. exhibited behaviors or symptoms of trauma resulting from sexual abuse. … The court did not qualify Mouncey to discuss how the brain stores memory, in the context of trauma or otherwise. It did not qualify her to draw distinctions in types of memory.

Niepsuj v. Doe

2015 Ohio 3864 · Ohio Court of Appeals · Sep 23, 2015

Accordingly, in many instances, “[a]n affidavit from the defendant attorney is a legally sufficient basis upon which to grant a motion for summary judgment absent an opposing affidavit of a qualified expert witness for … Clearly, an ordinary lay person would not have that knowledge. {¶21} After the passage of the September 5, 2014 deadline for identifying his expert witness, appellant filed a notice in which he specifically stated

State v. Williams

2023 Ohio 4373 · Ohio Court of Appeals · Dec 4, 2023

On appeal, the Sixth Circuit Court of Appeals found that this court’s decision was contrary to clearly established federal law in several respects. … The Sixth Circuit previously held this court’s “wholesale exclusion of past evidence of intellectual disability from its Atkins analysis was contrary to clearly established Federal law.”

Kacsmarik v. Lakefront Lines Arena

2011 Ohio 2553 · Ohio Court of Appeals · May 26, 2011

”  7 {¶ 9} Contrary to the trial court’s conclusion, the record clearly reveals how the subject benches came into being. … Caskey is critical of MCG Architects for failing to consult with a functional analyst such as himself, he does not and apparently, is not qualified to testify that a licensed architect fails to exercise reasonable care

State v. Grabe

2017 Ohio 1017 · Ohio Court of Appeals · Mar 20, 2017

The state initially responds by arguing the statements qualified as excited utterances under Evid.R. 803(2). … The trial court did not clearly lose its way in believing the officer’s testimony and weighing the evidence.

Botkin v. Univ. of Cincinnati C.O.M., Unpublished Decision (3-15-2005)

2005 Ohio 1122 · Ohio Court of Appeals · Mar 15, 2005

Hsu received an annual starting salary of $15,000 from the university, and, in 1997, she earned $129,032.88 from the Foundation for Obstetrics and Gynecology, the departmental practice plan established to compensate faculty … Hsu's immunity.