Case law

State v. Marr

2020 Ohio 3898 · Ohio Court of Appeals · Jul 31, 2020

drugs until Eades placed them under the cup holder just before officer Perry stopped the truck, an assumption the record does not necessarily compel, Marr could argue that his possession of the contraband was too brief to qualify … the outcome at trial clearly would have been otherwise.

State v. Bennington

2023 Ohio 644 · Ohio Court of Appeals · Mar 3, 2023

According to the statute, a person is only immune from liability if his or her good faith report caused injury, death, or loss to person or property. … . {¶ 22} Having determined that Bennington did not qualify as a mandated reporter in this case because she was not acting her official or professional capacity and that she did not have immunity under R.C. 2151.421

Mueller v. N. Canton

2012 Ohio 3561 · Ohio Court of Appeals · Aug 6, 2012

from Mueller's claim; and (3) the undisputed facts also establish that the City is statutorily immune from Mueller's claim. {¶4} The trial court agreed and granted the City's Motion to Dismiss. … Stark County, Case No. 2012-CA-82 11 {¶23} “The legislative intent in establishing the small claims court division was clearly not to require plaintiffs to file

Glenn v. Columbus

2016 Ohio 7011 · Ohio Court of Appeals · Sep 27, 2016

No. 16AP-15 5 {¶ 11} It is undisputed that the city, as a political subdivision performing a government function, qualifies for immunity … In Anderson, the Supreme Court noted that, "it is well established that the violation of a statute, ordinance, or departmental policy enacted for the safety of the public is not per se willful, wanton, or reckless conduct

Brenson v. Dean

2022 Ohio 2228 · Ohio Court of Appeals · Jun 28, 2022

may be asserted to establish nonliability: *** (6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances … Brenson's case prematurely without allowing him full opportunity to amend his complaint within the time established by Civil Rule 15(A).

Thompson v. Lyndhurst

2019 Ohio 3277 · Ohio Court of Appeals · Aug 15, 2019

The police officer does not have qualified immunity for actions that amount to violations of 42 USC Sec. 1983 when they are actions of unlawful detention, malicious prosecution, and abuse … In order for the city to have lost its immunity in this case, Thompson would have had to establish an exception to the city’s immunity under R.C. 2744.02(B)(1)-(5).

Russell v. Interim Personnel, Inc.

135 Ohio App. 3d 301 · Ohio Court of Appeals · Aug 13, 1999

Appellant argues that because no such proof appears in the record, appellee failed to establish its immunity and was not entitled to judgment under the law. In support of this position, appellant cites Carr v. Cent. … Clearly, from the facts- presented here, appellant may be deemed an employee of appellee.

State v. Vrona

47 Ohio App. 3d 145 · Ohio Court of Appeals · Apr 20, 1988

While Bruce was not the custodian of the particular records at issue, he was a qualified witness. The phrase "qualified witness" should be broadly interpreted. 1 Weissenberger's Ohio Evidence (1985) 75, Section 803.79. … You understand what the word immunity means, don't you? "A. Yes, I do."

Nichols v. Villarreal

113 Ohio App. 3d 343 · Ohio Court of Appeals · Aug 8, 1996

Upon its face, R.C. 1.48 establishes a threshold analysis which must be utilized prior to inquiry under Section 28, Article II of the Ohio Constitution.” Accord Schoenrade v. … If the statute does not clearly indicate *349 retroactive application, the statute may only apply to cases arising subsequent to its enactment.

Frenz v. Springvale Golf Course & Ballroom

2012 Ohio 3568 · Ohio Court of Appeals · Aug 9, 2012

No. 89490, 2008-Ohio-1254, we reiterated that: the Ohio Supreme Court established a three-tiered analysis for determining whether a political subdivision is immune from liability under Chapter 2744 … If we were to end our analysis here, the city would clearly prevail.

Fish v. Coffey

33 Ohio App. 3d 129 · Ohio Court of Appeals · Jun 6, 1986

it must be remembered that an enactment of the General Assembly under *131 the police power must be upheld if it bears a rational relationship to the health, safety, morals, or general welfare of the public, and is not clearly … Peoples, supra, but the proffered amended complaint contained no new allegations of any underlying operative facts which might establish willful or wanton conduct.

Strayer v. Barnett

94 N.E.3d 156 · Ohio Court of Appeals · Jun 30, 2017

, they are not immune under R.C. 2744.03(A)(6). … Standard for Immunity under R.C. 2744.03(A)(6) {¶ 37} R.C. 2744.03(A)(6) grants employees of political subdivisions immunity from liability, unless any of three exceptions to that immunity apply.

Pacific Great Lakes Corp. v. Bessemer & Lake Erie Railroad

130 Ohio App. 3d 477 · Ohio Court of Appeals · Nov 9, 1998

The record shows that Cleveland Stevedore proposed various instructions, objected to certain instructions given, and did not clearly approve of the trial court’s final instructions. … Good clearly possessed some knowledge of the particular subject superior to that possessed by ordinary jurors. Without showing any greater knowledge, Cleveland Stevedore’s expert, Dr.

Horne v. Clemens

23 Ohio App. 3d 139 · Ohio Court of Appeals · Apr 8, 1985

Because the right claimed by appellee was not clearly established, the trial court erred in overruling appellants’ motions for a directed verdict based upon their immunity from liability.” … Finally, defendants argue that they are protected by qualified immunity. “* * * The official himself must be acting sincerely and with a belief that he is doing right * * *.” Wood v.

State v. York

122 Ohio App. 3d 226 · Ohio Court of Appeals · Aug 11, 1997

The first sentence provides a qualified immunity, which exempts a humanitarian’s taking possession of an animal if, and only if, it can be shown at a post-seizure proceeding that the animal was, in fact, neglected at the … Instead, she decided to act immediately, relying on the qualified immunity of the first sentence and the assurance that she had ample evidence with which to prove the pony’s condition at the time of the seizure.

Tasse v. Marsalek

2020 Ohio 5084 · Ohio Court of Appeals · Oct 29, 2020

It is well-established that the defenses in R.C. 2744.03 are only relevant if a plaintiff has established that one of the exceptions to immunity laid out in R.C. 2744.02(B)(1) through (5) applies to the conduct at issue … Because Appellees have not established that an exception to employee immunity applies here, Jarvis is entitled to immunity from their negligence claims.

Estate of Tokes v. Dept. of Rehab. & Corr.

2019 Ohio 1794 · Ohio Court of Appeals · May 9, 2019

sovereign immunity." … Specifically, DRC asserts the highlighted wording clearly empowers the legislative branch of government with discretion to take affirmative action imparting the authority to sue the state.

McClain v. State

171 N.E.3d 1228 · Ohio Court of Appeals · Apr 23, 2021

Any “legislative act impairing” the right to trial by jury, Gibbs admonished, “would be clearly unconstitutional.” Id. at 43. … at 43, 102 N.E. 299 (“A legislative act impairing [the jury right] would be clearly unconstitutional.”).

Moss v. Lorain County Board of Mental Retardation

185 Ohio App. 3d 395 · Ohio Court of Appeals · Dec 30, 2009

may be asserted to establish nonliability: In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division or sections 3314.07 and 3746.24 of the Revised … However, the employees’ argument ignores the plain language of R.C. 2744.03(A)(6), which clearly provides for specific exceptions to employee immunity.

Moya v. Declemente

2011 Ohio 5843 · Ohio Court of Appeals · Nov 10, 2011

7 {¶ 16} In Sampson, we found that the plaintiff’s claims, including her claim for intentional infliction of emotional distress, clearly arose out of his employment … Moreover, the allegations of the complaint fail to establish that Moya’s claims arise out of her employment relationship with the school district. Instead, the claims arise out of Moya’s relationship with DeClemente.