Case law

State v. Luff

85 Ohio App. 3d 785 · Ohio Court of Appeals · Apr 23, 1993

He must establish such defense by a preponderance of the evidence. … He must establish such a defense by a preponderance of the evidence.

Browne v. Walgreens, Unpublished Decision (12-5-2003)

2003 Ohio 6691 · Ohio Court of Appeals · Dec 5, 2003

Clearly, no employer would intend to have a teenager's foot mangled by machinery. However, that is not the relevant inquiry. … As a matter of law, only the trier of fact is qualified to answer these questions. Thus, the granting of summary judgment was improper. 2 Kunkler v. Goodyear Tire Rubber Co. (1988), 36 Ohio St.3d 135 , 139 . 3 Hannah v.

Vickers v. Capstone Holding

2025 Ohio 3172 · Ohio Court of Appeals · Sep 4, 2025

Reading the release in the deed as meaning the grantor or its successors are immune from liability for any of their future conduct toward the property or as meaning that the grantees waived the right to have a court interpret … declined to establish a bright-line rule regarding the accrual date of prejudgment interest but rather left such a determination to the trial courts on a case-by-case basis.”

State v. Gibbons, Unpublished Decision (3-30-2000)

Ohio Court of Appeals · Mar 30, 2000

To establish a "particularized need", the accused must show that his need for the information outweighs the need to maintain secrecy of the grand jury proceedings. … The possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, does not establish materiality.

Bluebird Baking Co. v. McCarthy

19 Ohio Law. Abs. 466 · Ohio Court of Appeals · May 2, 1935

The law is very clearly established that the parents of a minor during minority are chargeable with all his expenses and also entitled to all his earnings. … However this means of qualifying would not permit th© witness to quote verbatim from any portion of the publication. When the expert gives an opinion it must be his own.

Carney v. Knollwood Cemetery Assn.

33 Ohio App. 3d 31 · Ohio Court of Appeals · Apr 28, 1986

Appellant Knollwood Cemetery Association is liable for punitive damages only if the evidence established that it authorized, ratified, or participated in Smith’s wrongdoing. See Trauth v. … But cases will obviously be rare in which ‘mental anguish,’ not so severe as to cause physical harm, will be so clearly a serious wrong worthy of redress, or sufficiently attested by the circumstances of the case.”

State v. Hubbard

146 N.E.3d 593 · Ohio Court of Appeals · Mar 9, 2020

Statutory Provisions Creating a Violent Offender Database {¶ 13} S.B. 231 "provides for the establishment and operation by the Bureau of Criminal Identification and Investigation (BCII) of a Violent Offender Database … A "qualifying out-of-state violent offender" is an "out-of-state violent offender who is aware of the existence of the violent offender database." R.C. 2903.41(D).

Zammit v. Society National Bank

115 Ohio App. 3d 543 · Ohio Court of Appeals · Nov 8, 1996

The bank responds that the facts in this case clearly show that no fiduciary relationship existed. … Wade, Jr., is not qualified as a banking expert.

Dayton v. Siff

232 N.E.3d 480 · Ohio Court of Appeals · Dec 22, 2023

Here, the photo-enforcement scheme qualifies as a special proceeding because it was created by statute and was not denoted as an action in law or suit in equity before 1853. {¶ 49} As to the second consideration … While this was her choice, it was not evidence rebutting the statutory presumption; in fact, Siff’s statements established nothing.

State v. Wood

2023 Ohio 2788 · Ohio Court of Appeals · Aug 11, 2023

The question, therefore, is “whether, but for the error, the outcome of the proceedings clearly would have been otherwise.” (Emphasis sic.) State v. … Accordingly, Wood cannot establish plain error. {¶ 73} Moreover, in State v.

Fleming v. Aas Service, Inc., 2007-P-0071 (8-4-2008)

2008 Ohio 3899 · Ohio Court of Appeals · Aug 4, 2008

In short, appellants have failed to establish the Mamajeks owed Mr. … In Fyffe , the Court stated: {¶ 66} "To establish an intentional tort of an employer, proof beyond that required to prove negligence and beyond that to prove recklessness must be established.

McPherson v. Frankland, Unpublished Decision (3-7-2005)

2005 Ohio 1112 · Ohio Court of Appeals · Mar 7, 2005

Until updated training was received, Appellant was not qualified to be employed as a police officer. … Haas, who, in granting the summary judgment motion of Appellee, held in part: {¶ 25} "The Ohio Supreme Court has held that in order for the employer to be vicariously liable under such circumstances when the plaintiff can establish

State v. Starling

2019 Ohio 1478 · Ohio Court of Appeals · Apr 19, 2019

Id. at 451. {¶ 31} After reviewing the video evidence of Starling’s confession, we do not find that the confession was clearly excludable. … We note that “the evidence presented at the probable cause hearing ‘does not have to be unassailable’ to qualify as credible.”

Campbell v. Smith

2011 Ohio 3002 · Ohio Court of Appeals · Jun 20, 2011

Therefore, Zoning Resolutions must be strictly construed in favor of the property owner, and the scope of the restrictions cannot be extended to include limitations not clearly prescribed. … zoning change, and that the use was lawful at the time it was established.

State v. Lamb

163 Ohio App. 3d 290 · Ohio Court of Appeals · Sep 9, 2005

. * * * Clearly, with multiple arrests on warrants [for non-payment], Swift had served out the one day necessary to eliminate the $50 fine”). … It does not permit slavery or involuntary servitude to be established or maintained through the operation of the criminal law by making it a crime to refuse to submit to the one or to render the service which would constitute

Fraelich v. Western Reserve Care System, Unpublished Decision (3-22-1999)

Ohio Court of Appeals · Mar 22, 1999

Therefore, appellant argued it was entitled to a reduction in the verdict by the amount of the write-off as such qualified as a collateral recovery pursuant to statute. … Thus, clearly the only evidence presented in the record before us was that the decedent's total medical expenses were $447,030.92.

State v. Bonner

228 N.E.3d 92 · Ohio Court of Appeals · Nov 3, 2023

L-19-1289, 2021-Ohio-1344. {¶ 54} The state counters that statements which “are not offered to prove the truth of what was said do not qualify as hearsay. State v. … evidence sustains the issue which is to be established before them.

Kroehle Lincoln Mercury v. Bur. of Motor Veh., 2006-T-0093 (9-28-2007)

2007 Ohio 5204 · Ohio Court of Appeals · Sep 28, 2007

Kroehle did not post the proper business sign or business hours, did not have proper records, and did not maintain an established place of business. … Kroehle's failure to operate an "established place of business" used exclusively to sell, display, offer for sale, or deal in motor vehicles as required in R.C. 4517.03 . {¶ 38} In order to be deemed an "established place

Forman v. Forman

2014 Ohio 3545 · Ohio Court of Appeals · Aug 18, 2014

Indeed, a review of the record indicates that competent, credible evidence was presented to clearly and convincingly establish that Scott violated the mutual restraining order by annoying and harassing … A review of the record indicates that competent, credible evidence was presented to clearly and convincingly establish that Scott violated the trial court’s April 26, 2013 order.

In re Adoption of M.L.

2021 Ohio 2805 · Ohio Court of Appeals · Aug 16, 2021

“To implicate R.C. 3107.07(K), the notice must clearly inform the recipient that he is required to file an objection to the petition within 14 days.” Id. at ¶ 15. C. … Thus, as there is no evidence that Sidney’s mailed objection came into the physical possession of the clerk on or before November 30, 2020, Sidney cannot rely on his mailed objection to establish that he filed an objection