Case law

Selective Insurance v. Wilson

153 Ohio App. 3d 481 · Ohio Court of Appeals · Jul 29, 2003

We find Martin inapplicable to the facts of the case sub judice, as Wilson failed to establish that he is an insured under the Selective policy. Accord Woods v. Owners Ins. Co. (Feb. 1, 2000), Ross App. … A review of the “Who is an Insured” section of the Selective Umbrella Policy reveals that Wilson does not qualify as an “insured” under any of the categories listed.

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 Ex Rel. Rogers v. Elbert

180 Ohio App. 3d 284 · Ohio Court of Appeals · Dec 22, 2008

Used oil qualifies as hazardous waste if its content of certain chemicals exceeds specified levels. … The contents of several other drums qualified as hazardous waste because the flash points of the liquid were below 140 *296 degrees.

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

Murphy v. Penske Logistics, 2007-G-2771 (11-30-2007)

2007 Ohio 6407 · Ohio Court of Appeals · Nov 30, 2007

Appellant's first assignment of error alleges: {¶ 35} "The trial court erred when it granted appellee's motion for summary judgment because the appellant clearly satisfied all four prongs of the prima facie case for age discrimination … protected class, (2) was discharged, (3) was qualified for the position, and (4) was replaced by, or the discharge permitted the retention of, a person of substantially younger age."

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.

Di v. Cleveland Clinic Found.

2016 Ohio 686 · Ohio Court of Appeals · Feb 25, 2016

Esposito was competent and qualified to make the surgical recommendation and perform the surgery. … The record established that Dr. Di was monocular and lacked vision in his left eye for depth perception. The record further established the incredibly delicate and precise nature of Dr.

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.

Ohio Veterans Home v. Taylor

121 N.E.3d 768 · Ohio Court of Appeals · Sep 25, 2018

This interpretation of the relevant statutory language was "firmly established" by the Supreme Court of Ohio in Katz v. Dept. of Liquor Control , 166 Ohio St. 229 , 141 N.E.2d 294 (1957). … This was clearly a determination concerning the facts, not a question of law.

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

State v. Abdu

2025 Ohio 5481 · Ohio Court of Appeals · Dec 9, 2025

To establish plain error, an appellant “must establish that the trial court deviated from a legal rule, that the deviation was obvious, and that the deviation affected substantial rights.” State v. … Ford, 2019-Ohio-4539, provided “crystal- clear direction” that gruesome photographs of cadavers “serve no useful purpose whatsoever” if “an element of the offense is clearly proven by other evidence.”

Huntington Bank v. Freeman

53 Ohio App. 3d 127 · Ohio Court of Appeals · Nov 24, 1989

Although it is true that “[t]he fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish that … Therefore, since there was no notice to the public of the February 20, 1988 sale, it could not qualify as a “public sale.”

Litva v. Village of Richmond

172 Ohio App. 3d 349 · Ohio Court of Appeals · Jun 29, 2007

The fact that the municipal legislation was arrived at by a referendum vote does not immunize it from an attack on the basis of its constitutionality or reasonableness. … Accordingly, these ordinances clearly have some economic impact on appellants. *364 {¶ 64} What is unclear at this time is the extent of the economic impact this has on appellants.

State v. Echols

128 Ohio App. 3d 677 · Ohio Court of Appeals · Jun 26, 1998

The deposition transcript clearly establishes that Dr. Fulero has a Ph.D. in psychology and is a licensed attorney. … Fulero’s testimony clearly met these requirements. C.

First National Bank v. Miami University

121 Ohio App. 3d 170 · Ohio Court of Appeals · Jun 2, 1997

The witness from whom the excluded testimony was sought was qualified as an expert on “international affairs,” not the law. … The witness clearly lacked the requisite firsthand knowledge to offer testimony or to express a lay opinion as to the testator’s “thinking” in executing the will creating the trust. See Evid.R. 602 and 701.

State v. Welch

2011 Ohio 3243 · Ohio Court of Appeals · Jun 30, 2011

The court concluded that “[a] lot of people characterized [K.W.] as an untruthful person and those people were clearly in the Defendant, Mr. Welch’s camp. … the proper analysis for determining whether offenses qualify as allied offenses subject to merger pursuant to R.C. 2941.25 in State v.

City of Columbus v. Bickel

77 Ohio App. 3d 26 · Ohio Court of Appeals · Sep 3, 1991

“Fourth assignment of error “The trial court erred in revoking appellant's probation for engaging in ‘an offensive course of conduct’ as the phrase fails to clearly state the prohibited conduct. … A court’s journal entry does not qualify as a written statement. The judge must issue a decision which states his findings and reasons for revoking appellant’s probation.

State v. McCormick

2023 Ohio 1303 · Ohio Court of Appeals · Apr 21, 2023

The question, therefore, is “whether, but for the error, the outcome of the proceedings clearly would have been otherwise.” (Emphasis sic.) State v. … As a result of the new law, a trial court must impose indefinite prison terms for the qualifying offenses consisting of a minimum term selected by the sentencing judge from a range of terms set forth in R.C. 2929.14(A)

State v. Ellison

2013 Ohio 4909 · Ohio Court of Appeals · Nov 7, 2013

Nevertheless, given the circumstances of the log, we find that it was proper for the trial court to find that the computer log qualified as a recorded recollection under the hearsay exception. … The testimony presented at trial established that at the time the sexual conduct occurred, C.L. was 14 years old and appellant was 22 years old.

Schottenstein Zox & Dunn Co., L.P.A. v. Reineke

2011 Ohio 6201 · Ohio Court of Appeals · Dec 5, 2011

Nonetheless, Reineke’s name and address were displayed at the top of each invoice, clearly identifying him as the liable party. … After the fiduciary relationship is established, the attorney has the burden of establishing the reasonableness and fairness of fees. Id.