Case law

Richardson v. Welded Tubes, Inc., 2007-A-0069 (6-13-2008)

2008 Ohio 2920 · Ohio Court of Appeals · Jun 13, 2008

It granted immunity to complying employers from any common-law actions for injuries suffered by employees in the workplace. {¶ 56} Thus, in general, an employee's only recourse for a workplace injury is through the workers … and beyond that to prove recklessness must be established.

State ex rel. O'shea & Associates Co. v. Cuyahoga Metropolitan Housing Authority

190 Ohio App. 3d 218 · Ohio Court of Appeals · Jul 20, 2010

. {¶ 8} The express language of item 2 clearly requests records containing certain information- — -personal-injury claims. … Statutory Damages {¶ 40} Clearly, in light of the discussion above, CMHA failed to comply with O’Shea’s request as required by R.C. 149.43(B).

Gallick v. Franklin Cnty. Bd. of Revision

108 N.E.3d 237 · Ohio Court of Appeals · Mar 6, 2018

Thus, Civ.R. 59 applies in such appeals unless R.C. 5717.05 renders that rule clearly inapplicable. … These facts establish that the July 2012 sale was an arm's-length transaction.

Karavolos v. Brown Derby, Inc.

99 Ohio App. 3d 548 · Ohio Court of Appeals · Dec 19, 1994

After discovery, appellee filed its motion for summary judgment, arguing that appellant’s conditions of dysthymia and cocaine delusional disorder did not qualify for compensation under Ohio’s workers’ compensation statute … The foregoing medical opinions clearly manifest the existence of a genuine issue of material fact, to wit: whether appellant’s dysthymia and cocaine delusional disorder were proximately caused by the physical injury which

State v. Ison

2025 Ohio 3193 · Ohio Court of Appeals · Sep 8, 2025

The trial court erred in sentencing Appellant as a qualifying violent offender and requiring him to enroll in a violent offender database.” … R.C. 2911.12(B). {¶36} Ison’s sole argument in this assignment of error is that the State failed to establish the stealth element of Trespass in a Habitation because he walked into the unlocked front door in broad

Rogers v. Youngstown

4 Ohio App. Unrep. 239 · Ohio Court of Appeals · Jun 13, 1990

Moreover, the evidence in the instant case clearly discloses the $1,500.00 advance cannot be construed to be a benefit. … At that point, counsel for the appellant stated to the court that under sovereign immunity there was a section for setoffs and any benefits already conferred.

State v. Rodgers

210 N.E.3d 88 · Ohio Court of Appeals · Mar 10, 2023

evidence, the appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact ‘clearly … that Rodgers shot and killed Hayton, which would qualify as serious physical harm.

Berning v. Lutheran Hous. Serv. 9

241 N.E.3d 816 · Ohio Court of Appeals · Mar 28, 2024

. {¶ 7} The court then noted that the “primary substantive” issue before it was whether the purchase price qualified as a security deposit. … The trial court stated “the parties clearly manifested an intent to pay a six-figure purchase price for the right to occupy one of [appellants’] units for life.”

Lyon v. Riverside Methodist Hosp.

2025 Ohio 2991 · Ohio Court of Appeals · Aug 21, 2025

As part of S.B. 281, the legislator created R.C. 2323.43, which established caps on noneconomic damages1 for medical claims. … No. 23AP-379 15 deem it necessary; and no special privilege or immunities shall ever be granted, that may not be altered, revoked, or repealed

In re Rothenberg

31 Ohio Law. Abs. 370 · Ohio Court of Appeals · Jan 29, 1940

We perceive no conflict between the sections. §1698 provides the basis upon which one may originally qualify for admission to practice as an attorney at law and §1709, specifically refers to the action required by one who … He then states, “With this question in mind, careful consideration of the evidence clearly and convincingly proves to this court that the answer must be in the affirmative.”

Tate v. Tate

2018 Ohio 1244 · Ohio Court of Appeals · Mar 29, 2018

Hal Tate testified that "we established long ago that the [buyout] figure would be established at cost." T. at 1153. Appellant understood the same. … Appellant agreed they were qualified to do so. T. at 161. The first page of the report indicates its "purpose" is to establish fair market value for the Tate Farms entities (land, cattle, equipment).

State v. Kelley

2017 Ohio 4475 · Ohio Court of Appeals · Jun 23, 2017

Palmer testified that during the period set forth in the indictment, the Kelley family qualified to receive only $409 of the $16,024 in food stamps issued. … have been included in the bill of particulars that would have informed the accused of the expanded scope. {¶ 37} Generally, “[t]he trial court has broad discretion in the admission of evidence, and unless it has clearly

State v. King

2021 Ohio 1113 · Ohio Court of Appeals · Apr 2, 2021

Considering that a psychological expert already had found that King did not qualify for an NGRI defense, his attorney reasonably could have decided not to pursue the defense. State v. Pepper, 2d Dist. … The State’s evidence at trial established that an air gun does not produce a muzzle flash because it lacks gunpowder. Nor was the sound of a gunshot consistent with an air rifle being discharged.

Peters v. Tipton, 07 Ha 3 (3-19-2008)

2008 Ohio 1524 · Ohio Court of Appeals · Mar 19, 2008

As an alternative ground for summary judgment, Liberty Mutual added an argument that appellant did not qualify as an insured under the Pike policy. … "The statute clearly and explicitly `rejected the requirement that the offer and rejection be made prior to the effective date of the policy'." Hall , 4th Dist. No. 02CA17 at ¶ 89, quoting Roper , 1st Dist. No.

Marinakis v. Marinakis

2025 Ohio 2554 · Ohio Court of Appeals · Jul 21, 2025

These terms established the basic framework for the GAL's service and compensation. The Siblings remained silent. … Indeed, we specifically approved the attorney-GAL's advocacy in that case because it "was clearly based upon her determination of what was in the children's best interest."

State v. Hauptstueck

2011 Ohio 3502 · Ohio Court of Appeals · Jul 15, 2011

To establish deficiency, he must show that counsel’s representation fell below an objective standard of reasonableness. Id. … First, the record does not establish that T.I. was acting as a State agent when she recorded the calls.

Morrison v. Robinson

2013 Ohio 453 · Ohio Court of Appeals · Feb 11, 2013

Fayette CA2012-06-019 {¶ 2} According to the record provided to this court, the two children in this case were born in 1998 and 1999, respectively, and paternity was established with regard to father, appellant … Maternal grandmother testified that father wrote the letter and signed it, and she acknowledged her signature on the letter. {¶ 52} The record shows that both father and maternal grandmother qualify as witnesses

State v. Gray, 22688 (3-27-2009)

2009 Ohio 1411 · Ohio Court of Appeals · Mar 27, 2009

Belton established a clear rule, which it said applied the principles of Chimel to situations involving motor vehicles. … Gray's purse, being in the truck with her, was clearly within her immediate control when the officer arrested her.

Discover Bank v. Pierce

2014 Ohio 625 · Ohio Court of Appeals · Feb 21, 2014

verdict, if, on weighing the evidence in their minds, they shall find the greater amount of credible evidence sustains the issue which is to be established before them. … See id. {¶ 17} To establish the amount due on the account, a plaintiff must prove “(1) a beginning balance (zero, or a sum that can qualify as an account stated, or some other provable sum); (2) listed items, or

In re M.H.

2014 Ohio 5478 · Ohio Court of Appeals · Dec 15, 2014

R.C. 2151.414(B)(1) establishes a two-part test for courts to apply when determining whether to grant a motion for permanent custody to a public children services agency. … Although they qualified for a few hours per week of community- based assistance, the evidence demonstrated that these parents needed much more extensive help to parent their children.