Case law

Radenbaugh v. Motorists Insurance Companies

86 Ohio App. 3d 836 · Ohio Court of Appeals · Mar 24, 1993

Accordingly, argue the Radenbaughs, the trial court was correct in awarding the additional $200,000, thereby establishing a $500,000 total obligation on the part of Motorists. … Additionally, we note that the coverage provided by the Radenbaughs’ underinsured motorist policy is for “bodily injury” caused by anyone qualifying as “underinsured.”

R.L.R. Invests., L.L.C. v. Wilmington Horsemens Group, L.L.C.

2014 Ohio 4757 · Ohio Court of Appeals · Oct 27, 2014

Instead, the evidence established that Wilmington Horsemen simply failed to make timely rent payments since December 2005 and owes RLR $302,594 in unpaid rent. … Id. {¶ 21} A guaranty must clearly manifest intent to bind the defendant. G.F. Business Equip. at 224.

State v. Wamsley, 05 Co 11 (4-16-2009)

2009 Ohio 1858 · Ohio Court of Appeals · Apr 16, 2009

*Page 10 {¶ 30} In order to prevail under a plain error analysis, the appellant bears the burden of demonstrating that the outcome of the trial clearly would have been different but for the error. State v. … R.C. 2901.01 (A)(12) defines privilege as: {¶ 42} "[A]n 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

Dibble v. Dibble, Admx.

88 Ohio App. 490 · Ohio Court of Appeals · Jan 23, 1950

. *492 Dibble was the duly appointed, qualified and acting administratrix with the will annexed, denied all the other allegations of the petition. … Dibble, was appointed by this court and qualified as the administratrix with the will annexed of Herbert L. Dibble, deceased. “4. The plaintiff, Inez F.

State v. Patel

2019 Ohio 4033 · Ohio Court of Appeals · Sep 30, 2019

VIII {¶ 11} "THE TRIAL COURT ERRED IN FINDING THE DEFENDANT GUILTY OF SPEEDING BECAUSE THE COURT'S FINDING THAT THE TROOPER WAS PROPERLY AND FULLY TRAINED AND A QUALIFIED TROOPER OF THE OHIO STATE PATROL IS AGAINST … He clearly had the opportunity to observe and know the things about which he testified from personal observation on the Ashland County, Case No. 19-COA-011 10

State v. Richter

2019 Ohio 5422 · Ohio Court of Appeals · Dec 31, 2019

Wimpey’s commission of a qualifying felonious assault upon Vasquez, nor does appellant contest the fact that Vasquez died as a proximate result of the felonious assault committed by Wimpey. … establishing the elements for criminal aiding and abetting.

Lucio v. Safe Auto Insurance

183 Ohio App. 3d 849 · Ohio Court of Appeals · Sep 10, 2009

least in part, to establish both claims. … A predominance inquiry focuses on the legal or factual questions that qualify each class member’s case as a genuine controversy. Hoang v.

Bettman v. JDH Bldg. Group, L.L.C.

2024 Ohio 1092 · Ohio Court of Appeals · Mar 25, 2024

As such, an order granting or denying a preliminary injunction does not automatically qualify as a final appealable order. Empower Aviation, L.L.C. v. Butler Cty. … While the trial court technically denied the motion for a preliminary injunction before it granted the motion to stay proceedings pending arbitration, the motion to stay clearly played a factor in the trial court's ruling

State v. Mann

2025 Ohio 5467 · Ohio Court of Appeals · Dec 8, 2025

R.C. 2925.11. {¶13} The written plea agreements in all the cases contained a sentencing recommendation from the State that Appellant undergo a Pre-Sentence Investigation (PSI) and receive “community control if qualified … “[s]ome people reach the point where we just have to put them away, warehouse them to prevent them from having additional criminal conduct, hurting somebody, or hurting themselves.” {¶25} First, “[i]t is well-established

Village of Monroeville v. Ward

21 Ohio App. 2d 17 · Ohio Court of Appeals · Dec 31, 1969

The legislative power will generally be deemed ample to authorize enactment of a law, unless the legislative discretion has been qualified or restricted by the constitution in reference to the subject matter in question. … The General Assembly is clearly granted the power to create courts inferior to the Supreme Court. There is no limitation here on the General Assembly.

State v. Dendinger

2023 Ohio 4255 · Ohio Court of Appeals · Nov 27, 2023

She provides no argument as to why her actions before she testified at the hearing should not qualify as making or using the falsified medical excuse within the meaning of R.C. 2921.12(A)(2). {¶13} The evidence … Having examined the materials in the record, we do not conclude that the trial court’s consecutive sentence findings are clearly and convincingly unsupported by the record.

Buoscio v. McFaul, Unpublished Decision (8-2-2001)

Ohio Court of Appeals · Aug 2, 2001

Appellant's affidavit clearly fails to comply with the mandatory requirements of R.C. 2969.25 . … may be asserted to establish nonliability: * * * (6) * * * [An] employee is immune from liability unless one of the following applies: (a) His acts or omissions were manifestly outside the scope of his employment or official

State v. McDaniel

2011 Ohio 6326 · Ohio Court of Appeals · Dec 9, 2011

.” {¶ 16} In order for a statement to qualify as an excited utterance, one must establish: {¶ 17} “(a) that there was some occurrence startling enough to produce a nervous excitement in the declarant, which … Clearly, she was still under the stress of excitement caused by the startling domestic violence event.

Moraine v. Green

2021 Ohio 869 · Ohio Court of Appeals · Mar 19, 2021

in conflict with principles established by the laws of science, is of no probative value.” … This testimony does not qualify as evidence of physical facts within the meaning of the physical facts rule. {¶ 17} Upon review of the evidence at trial, we cannot conclude that Green’s conviction for reckless

In Re K.T.1

121 N.E.3d 847 · Ohio Court of Appeals · Oct 24, 2018

The children had been in HCJFS’s custody for well over two years at the time of the permanent-custody hearing and no longer qualified for temporary custody; they were too young (under 16) to qualify for a planned permanent … We cannot find error in the juvenile court’s ultimate 26  OHIO FIRST DISTRICT COURT OF APPEALS conclusion that the evidence clearly and convincingly

Wilmington Savings Fund Society v. Salahuddin

165 N.E.3d 761 · Ohio Court of Appeals · Dec 29, 2020

Wilmington has factually established that is not required to make reasonable efforts to arrange a face-to-face meeting under 24 C.F.R. 203.604. … Salahuddin maintains this amount is inaccurate, but she provides no documentation establishing the excess payments she claims to have made.

In the Matter of Martin, Unpublished Decision (11-3-2003)

2003 Ohio 5883 · Ohio Court of Appeals · Nov 3, 2003

There was sufficient evidence from a qualified expert to establish that a sexual assault had occurred. … that attacking them would be fruitless. 11 The decision not to challenge a well qualified expert is considered reasonable tactical strategy. 12 {¶ 16} The qualifications of Doctor Ruhlen were well established.

Fitzpatrick v. Palmer

186 Ohio App. 3d 80 · Ohio Court of Appeals · Nov 5, 2009

Gioia , the evidence in this case fails to clearly and convincingly show continuous adverse public use for a 21-year period. … restricted, constricted, qualified, narrowed, enlarged or abridged; significance and effect should, if possible, be accorded to every word, phrase, sentence and part of an act * * *.’ ” State ex rel.

Landpor Contrs., Inc. v. C&D Disposal Tech. L.L.C.

2013 Ohio 1436 · Ohio Court of Appeals · Mar 28, 2013

THE PLAINTIFF’S MOTIONS WERE CLEARLY FILED OUT OF TIME. … Additionally, VanSickle stated that DEI determined in October 2005, that the grade of the landfill did not match the design grades established by URS.

Kellogg v. Daulton, Unpublished Decision (8-10-2006)

2006 Ohio 4115 · Ohio Court of Appeals · Aug 10, 2006

The trial court found that plaintiff's legal malpractice claim failed as a matter of law because plaintiff and Daulton never established an attorney-client relationship. … Daulton thus is immune from suit in his function as guardian ad litem for plaintiff's son.