Case law

Tenney v. General Electric Co., 2005-T-0119 (6-29-2007)

2007 Ohio 3367 · Ohio Court of Appeals · Jun 29, 2007

. * * * The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities. … Porter Paint Co. , wherein the court qualified its prior statement: {¶ 51} "An employer has a duty to provide its employees with a safe work environment and, thus, may be independently liable for failing to take corrective

Bugh v. Grafton Correctional Inst., Unpublished Decision (12-12-2006)

2006 Ohio 6641 · Ohio Court of Appeals · Dec 12, 2006

Bank (1981), 3 Ohio App.3d 209 , 210 (stating that "[i]t is well established that pro se litigants are presumed to have knowledge of the law and legal procedures and that they are held to the same standard as litigants who … Thus, the state is immune from suit for such decisions.

Total Quality Logistics, L.L.C. v. JK & R Express, L.L.C.

201 N.E.3d 1 · Ohio Court of Appeals · Nov 7, 2022

In Dadir, the common pleas court found that Section 10 clearly and unambiguously provided that the carrier, Dadir, agreed to indemnify TQL for cargo loss. … In other words, TQL's voluntary payment to a customer qualifies as a "claim" under Section 10 because the broad "any and all claims" phrase of Section 10 is not limited or modified by an introductory clause and there is

State v. Sherfey

2014 Ohio 1717 · Ohio Court of Appeals · Apr 21, 2014

When a number of individuals involved in the theft ring were apprehended by law enforcement, one member of the theft ring, Shane Stoughton, in exchange for immunity from prosecution, implicated Sherfey. … the issue, which is to be established before them.

State v. Shannon

2022 Ohio 4160 · Ohio Court of Appeals · Nov 21, 2022

“Plain error exists when it can be said that but for the error, the outcome of the trial would clearly have been otherwise.” State v. Issa, 93 Ohio St.3d 49, 56, 752 N.E.2d 904 (2001). … justifying the enhanced sentence first being found by a jury beyond a reasonable doubt, R.C. 2967.271 statutorily requires a court “to impose the minimum and maximum terms upon the offender being found guilty of the qualifying

State v. Harris

73 Ohio App. 3d 57 · Ohio Court of Appeals · Apr 9, 1991

Clearly, the trial court’s purported correcting entry demonstrates that neither was done. … In addition, the manner of qualifying the expert was improper and went far beyond the bounds of propriety without objection from defense counsel.

In re E.C.

2020 Ohio 3807 · Ohio Court of Appeals · Jul 23, 2020

He explained that, “on paper,” aunt and her husband were better qualified to raise the children than he was because they have a higher income, a larger house, and more parenting experience. … “Clear and convincing evidence is that measure or degree of proof which will produce in the mind of the trier of facts a firm belief or conviction as to the allegations sought to be established.” Cross v.

In Re Robert S.

98 Ohio App. 3d 84 · Ohio Court of Appeals · Dec 9, 1994

Anderson explained that because Robert was a special-needs child, appellees qualified for the subsidized adoption program to cover the cost of therapy for Robert. … That difference, however, is clearly not explained in the letter of June 29, 1989.

State v. Baker

2025 Ohio 5463 · Ohio Court of Appeals · Dec 8, 2025

“To qualify for plain-error relief, the appellant must establish: (1) occurrence of an error, i.e., a deviation from a legal rule; (2) the error was plain, i.e., it was an obvious defect in the trial proceedings; and ( … Id. {¶100} To establish a constitutional violation where a claim of jury misconduct is based on a juror’s concealment of information or failure to disclose potential bias, the defendant has the burden to establish

A.M. v. Leone

2025 Ohio 728 · Ohio Court of Appeals · Mar 4, 2025

Appellant opined the domestic relations judge was not qualified to diagnose Appellant, and the domestic relations judge should “stick in his own little ring.” … However, the domestic relations court clearly stated the consent order/DVCPO would be revisited at the August 15, 2024 hearing.

State v. Higgins

2026 Ohio 1133 · Ohio Court of Appeals · Mar 31, 2026

Higgins to explain why he thinks he is more qualified to represent himself than a lawyer. Mr. … Higgins argues the State, in bearing the burden of proof at trial, failed to establish beyond a reasonable doubt that Mr. Higgins “furnished fentanyl” to the decedent, Z.H. Mr.

State v. Boham

29 Ohio App. 2d 142 · Ohio Court of Appeals · Sep 21, 1971

The first service of the indictment on Boham, made by the sheriff March 20, 1967, is clearly of no effect, since it was nullified by a finding of insanity. … The proposition advanced is that these studies show that a “death qualified” jury is more likely to return a verdict of guilty.

In re A.J.

2024 Ohio 6011 · Ohio Court of Appeals · Dec 26, 2024

Moreover, it is well established that “although case plan compliance may be relevant to the child[ ]’s best interest, it is not determinative.” … The juvenile court qualified the psychological assistant who conducted Mother’s assessment as an expert in forensic psychology.

Kolosai v. Azem

2016 Ohio 5831 · Ohio Court of Appeals · Sep 15, 2016

Id. at ¶ 11. {¶36} The law of the case was established in Kolosai I — that the Arbitration Agreement, executed by Rose, cannot be enforced under the doctrine of apparent authority. … Cozza rebutted that: [S]imilar reasoning has been rejected in the context of qualified immunity, where the thirty day deadline to appeal interlocutory orders under Federal Rules of Appellate Procedure

State v. Klimczyk

226 N.E.3d 1049 · Ohio Court of Appeals · Oct 19, 2023

This court has held that “an owner of property has special knowledge of the value of that property and is qualified to express an opinion concerning it” and that “[t]his presumption is consistent with the R.C. 2919.18(A … R.C. 2929.18(A)(1) clearly states, “[i]f the court decides to impose restitution, the court shall hold a hearing on restitution if the offender, victim or survivor disputes the amount.”

In re I.F.

2026 Ohio 2445 · Ohio Court of Appeals · Jun 26, 2026

. {¶5} Updated case plans and GAL reports were filed periodically, and the appellee filed a motion for judicial determination on placement with a qualified residential treatment program due to I.F.’s behavior. … manifest weight, the appellate court must weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether, in resolving conflicts in the evidence, the finder of fact clearly

Taylor v. Lucas

2025 Ohio 2840 · Ohio Court of Appeals · Aug 12, 2025

The trial court clearly disagreed and, on appeal, Ms. … Thus, although the record does not clearly establish when Ms. Taylor provided Ms.

Harris v. Pennsylvania Railroad

108 Ohio App. 541 · Ohio Court of Appeals · Dec 31, 1957

A restatement of the facts, at least in part, seems desirable to clearly present the issues. … The question is clearly and completely one to be determined by federal law. The Act, however, is one which bases liability on negligence.

State v. Davis, 2008-Ca-16 (12-23-2008)

2008 Ohio 6841 · Ohio Court of Appeals · Dec 23, 2008

Clearly the jury was aware that Hummel had a criminal record. … However, the evidence at trial did not establish that he was mentally retarded.

Benjelloun v. Benjelloun

2012 Ohio 5353 · Ohio Court of Appeals · Nov 19, 2012

However, case law dictates that the record must establish that the trial court considered the factors in making its decision. Brown v. Brown, 12th Dist. No. … syllabus. {¶ 26} In this case, although the trial court did not indicate that it was applying the spousal support factors listed in R.C. 3105.18(C)(1), the statements made by the trial court at the final hearing clearly