Case law

Porach v. Cleveland Clinic Found.

2025 Ohio 2522 · Ohio Court of Appeals · Jul 17, 2025

Gluck, who has practiced medicine for 50 years, testified that although he is not a physical medicine and rehabilitation physician, he is qualified to give his expertise on the administration of morphine. … Gluck, clearly and unequivocally testified that the only standard-of-care violation that proximately caused Andrew’s death was the administration of morphine. Specifically, Dr.

Hercutt v. Hercutt

2012 Ohio 206 · Ohio Court of Appeals · Jan 20, 2012

Hercutt raises several assignments of error on appeal, although they are not clearly identified. {¶ 4} First, Mr. … She acknowledged that her prior work experience included driving a bus, but she stated that she was no longer qualified to drive a bus and would be unable to do so due to recent problems with and surgery on her hand.

Whitman v. Gerson

2016 Ohio 311 · Ohio Court of Appeals · Jan 29, 2016

He clearly made efforts to protect the underlying property, and took action to further protect his interests upon learning of the tax certificate sale. {¶18} The Whitmans next argue that the value of the property … The court noted that the auditor’s valuation was not contested, and with the encumbrances on the property in question exceeding the valuation, the property did not qualify as an “asset” under R.C. 1336.01(B).

Pennex Aluminum Co., L.L.C. v. Ohio Dept. of Job & Family Servs.

2014 Ohio 5308 · Ohio Court of Appeals · Nov 28, 2014

. {¶ 8} After review, the trial court found the undisputed evidence established that Pennex did not acquire the aluminum extrusion plant in Youngstown, Ohio, nor did Pennex acquire the accounts receivable, existing … In successor-in-interest cases, "this court has defined 'abuse of discretion' as connoting more than an error in judgment, but implying a decision that is without a reasonable basis and clearly wrong."

State v. Myers

153 Ohio App. 3d 547 · Ohio Court of Appeals · Aug 5, 2003

a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified … establishes that the trial court made the required statutory factual findings, pursuant to R.C. 2929.14(E)(4) and, further, complied with the standards set forth in R.C. 2929.19(B)(2)(c).

State v. Mapp

2024 Ohio 5493 · Ohio Court of Appeals · Nov 21, 2024

and further tolled Mapp’s speedy-trial time under R.C. 2945.72(H). {¶ 24} The state argues that the court should conclude that the 106-day continuance granted to protect Barton from COVID exposure would likewise qualify … But he does not challenge either the video evidence or the testimony of Bowser, both of which clearly place him on the patio at the precise time the shootings occurred.

Drouhard v. Drouhard

2017 Ohio 7305 · Ohio Court of Appeals · Aug 21, 2017

professional degree of the other party; (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified … Lastly, the magistrate found that both parties clearly “believed that the marriage ended prior to the final hearing.”

State v. Lundy

41 Ohio App. 3d 163 · Ohio Court of Appeals · Jun 3, 1987

Although we accept the appellants’ characterization of the scope of the Sixth Amendment guarantee of compulsory process, we note that this right is qualified and find that the appellants have mistaken the import of the court … Ford testified that Lundy and Foster planned the robbery, that Lundy drove them to and from the establishment, and that Lundy received a percentage of the spoils.

Good v. Robinson

85 Ohio App. 91 · Ohio Court of Appeals · Feb 25, 1949

Defendant further, by way of answer, says: After William Fostnaught was appointed and qualified as executor of the last will and testament of Wellington N. … This testimony therefore established two complete defenses to the enforcement of the written agreement, *122 neither of the conditions precedent to its taking effect and becoming operative having been complied with.

State ex rel. Gen. Motors Co. v. Webster

2014 Ohio 2791 · Ohio Court of Appeals · Jun 26, 2014

An evidentiary analysis reveals the preponderance of the probative evidence fails to establish sufficient injurious exposure to asbestos while working for this employer to establish … Therefore, it is the finding of this District Hearing Officer that the deceased-claimant's earnings would qualify the widow-claimant for the maximum weekly death award payment, pursuant

State v. Strader

2022 Ohio 4470 · Ohio Court of Appeals · Dec 12, 2022

The trial court qualified Ms. Schnirring as an expert. Counsel for Strader did not object to Ms. Schnirring’s qualification as an expert. {¶30} Ms. … Evidence from each incident may establish an element of the one charge.

Waldron v. Edinger

2022 Ohio 4296 · Ohio Court of Appeals · Dec 1, 2022

In other words, appellant's estimate of the deviation between the two concrete slabs is in conflict with the established physical facts in the case. … Tr. at 31-32.) {¶ 32} Our review of the evidence shows that a portion of the concrete slab is partially obscured by vegetation to the very left edge, but the deviation in height between the concrete slabs are clearly

C.D. v. T.D.

2025 Ohio 4976 · Ohio Court of Appeals · Oct 31, 2025

(14) Whether either parent has established a residence or is planning to establish a residence outside this state; ... … Newcomer, 2013- Ohio-5627, at ¶ 22 (6th Dist.). 16.  {¶ 30} Clearly, the duration of the marriage is one of the factors to be considered in awarding spousal support. R.C. 3105.18(C)(1)(e).

Kamposek v. Johnson, Unpublished Decision (1-28-2005)

2005 Ohio 344 · Ohio Court of Appeals · Jan 28, 2005

This statement suggests the lack of a "business establishment." Moreover, if the Johnsons had an office in their home, this would probably not qualify as a "business establishment." 8 {¶ 19} Pursuant to Dresher v. … as a "business establishment."

State v. Crosky, 06ap-816 (12-4-2007)

2007 Ohio 6533 · Ohio Court of Appeals · Dec 4, 2007

We cannot say that but for the admission of this testimony, the outcome of the trial would clearly have been different. Appellant has failed to establish plain error in the admission of Glove's hearsay testimony. … The jury obviously believed J.S., and we cannot say that the jury clearly lost its way when it decided to believe J.S.'s testimony.

Ellsworth v. Streetsboro City School Dist. Bd. of Edn.

2019 Ohio 4731 · Ohio Court of Appeals · Nov 18, 2019

“An abuse of discretion may be found when the trial court ‘applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.’” Denvir v. Blewitt, 11th Dist. … Furthermore, as one student had asked for and was granted “immunity” from participation in these events, and there were other complaints from students or parents in the past, which tends to show that appellants were on

State v. Ratliff

233 N.E.3d 755 · Ohio Court of Appeals · Jan 5, 2024

No. 22CA22 16 testimony by the deputies and Morris established that Brandon Stodgel committed the burglary of Lemaster’s home, not her. … We must then “determine whether, in resolving conflicts in the evidence, the trier of fact clearly lost its way and created such a manifest miscarriage of justice that reversal of the conviction is necessary.”

State v. Howard-Ross

2015 Ohio 4810 · Ohio Court of Appeals · Nov 17, 2015

Finally, well-established law provides a trial court judge with great discretion in handling a disruptive defendant. … Even so, the trial court disagreed with counsel’s contention that the incidents qualified as prior bad acts.

State v. Sands, 2007-L-003 (12-31-2008)

2008 Ohio 6981 · Ohio Court of Appeals · Dec 31, 2008

Sands clearly understood the rights waiver explained to him both before and after the statement, clearly consented to the searches, seemingly inviting them to search because he had nothing to hide, as he stated, "come and … This testimony is clearly relevant to the issues of plan, intent, and opportunity.

Jaylin Investments Inc. v. Village of Moreland Hills

157 Ohio App. 3d 277 · Ohio Court of Appeals · May 27, 2004

Ambler [Realty Co. (1926), 272 U.S. 365 , 47 S.Ct. 114 , 71 L.Ed. 303 ] and hold that a zoning regulation is presumed to be constitutional unless determined by a court to be clearly arbitrary and unreasonable and without … To be sure, such an argument may withstand a constitutional challenge as pertains to a taking of *284 the property, where economic viability is critical in establishing whether a taking has occurred.