Case law

Elgin v. Heaton

54 Ohio Law. Abs. 321 · Ohio Court of Appeals · Feb 11, 1949

In addition to the evidence which we have discussed tending to establish unreasonable speed in the operation of the Cadillac, we have defendant’s statements that he was at fault, that he would pay the damage for which he … These were clearly admissions against interest by a party to the suit and were properly admitted.

State Ex Rel. Jackson v. Indus. Comm., 08ap-498 (3-10-2009)

2009 Ohio 1045 · Ohio Court of Appeals · Mar 10, 2009

Therefore, relator's current employment clearly does not constitute comparably paying work. … For the reasons that follow, it is this magistrate's conclusion that this court should deny relator's request for a writ of mandamus. {¶ 30} The Supreme Court of Ohio has set forth three requirements which must be met in establishing

State ex rel. Kent State Univ. v. Indus. Comm.

2016 Ohio 1032 · Ohio Court of Appeals · Mar 15, 2016

Caston is not a physician who is qualified to render a medical opinion as to residual functional capacity. {¶ 49} Given the three reports relating to residual functional capacity, we have no relied upon report that … support of his PTD application, relator argues that none of the physical injuries of either claim need be considered by the adjudicator. {¶ 53} As relator puts it: A review of the evidence submitted establishes

State v. Alltop

2011 Ohio 5541 · Ohio Court of Appeals · Oct 28, 2011

offender in the state of Florida when he moved to Ohio, under Ohio Revised Code [2950.01(A)(11)], a violation of any former law of this state, any existing or former municipal ordinance or law of another state * * * qualifies … The court’s entry of the guilty verdict clearly reflects that the trial court’s intent is to overrule Appellant’s motions.

Gordon v. Trumbull Mem. Hosp.

2016 Ohio 5008 · Ohio Court of Appeals · Jul 18, 2016

Rashid in his two cross-assignments of error was clearly not seeking to change the court’s judgment. There would have been no reason for him to do that since the judgment was rendered on a defense verdict. … Thus, it does not really establish the causation, which Stinson demands as a threshold for admissibility of an expert’s opinion in a medical malpractice case.

In Re Johnson, Unpublished Decision (3-22-2001)

Ohio Court of Appeals · Mar 22, 2001

Clear and convincing evidence is that which will produce in the trier of fact "`a firm belief or conviction as to the facts sought to be established.'" … The state clearly failed in its burden. Most of the state's evidence was directed toward establishing that Billy Crisp's parents were unfit to care for him.

Parker v. Bank One, Unpublished Decision (3-30-2001)

Ohio Court of Appeals · Mar 30, 2001

Plaintiff must establish that she, as a member of a protected class, was discharged, was qualified for her position and was replaced a [sic-by] person not belonging to the protected class. … Bank One has clearly met its burden of showing a legitimate business reason for sending the March 13, 1998 letter. On the evidence presented, the Court finds that Plaintiff cannot establish pretext. Ms.

Hackett v. Hackett

78 Ohio Law. Abs. 485 · Ohio Court of Appeals · May 19, 1958

Super, 90, 97 A. 2d 419 , is clearly in point. Here the plaintiff of Protestant Faith married the defendant who was a Catholic. … In addition to the denial df power to establish an official religion, contained also in the First Amendment to the Federal Constitution, many state Bills of Rights affirm the individual’s right to worship according to his

D.D. v. B.B.

2022 Ohio 1032 · Ohio Court of Appeals · Mar 29, 2022

JAMISON, J. dissents. _____________ clearly warranted as it is obvious that such would be claimed in virtually every case with the burden of establishing lack of ownership by the … by the evidence was clearly insufficient to meet appellee's burden of proof under R.C. 3113.31(A)(1)(a)(ii).

Valentine v. PPG Industries, Inc.

158 Ohio App. 3d 615 · Ohio Court of Appeals · Aug 20, 2004

Therapeutic radiation “is the only known and established cause of primary brain tumors in humans.” … Jordan to testify regarding a risk analysis that is the subject of expert testimony and clearly beyond the scope of Mr.

In re K.K.

2024 Ohio 2595 · Ohio Court of Appeals · Jul 8, 2024

Father denied doing this, but mother's testimony and photographic evidence clearly contradict his denial. 10. … Finally, Father's own testimony was sufficient to establish that he broke Katherine's phone.3 All of this testimony was sufficient to establish that Father acted in a violent manner towards Mother and Carrie, at a minimum

Kessler v. State

19 Ohio Law. Abs. 344 · Ohio Court of Appeals · Mar 28, 1935

Leslie qualified as an expert in photography. We are satisfied that the photographs were properly admitted and that they did not represent experiments conducted in ■ the' absence of the' jury. Rogers v Monroe, 26 O.C.C. … If this syllabus is the law, then the court in the instant case clearly erred in overruling the motion of the defendant for a new trial and possibly erred in overruling the motions for a directed verdict of acquittal.

State v. Clayton

2014 Ohio 2165 · Ohio Court of Appeals · May 21, 2014

Proof of the operability of a firearm can be established by circumstantial evidence, which can consist of the brandishing of a firearm by the defendant and an implicit threat to shoot it. … However, the transcript of the sentencing hearing must clearly indicate that the court engaged in the appropriate analysis and made the required findings.

Schumacher v. Iron Fireman Manufacturing Co.

102 Ohio App. 347 · Ohio Court of Appeals · Apr 25, 1956

The Court erred in ruling that Ardon Barnes qualified as an expert witness on furnace equipment, installation and operation; “6. … We find that the charge, when considered in its entirety, does not clearly state the issues as pleaded and goes, in some instances, outside the case pleaded by the plaintiff.

State v. McGhee

2009 Ohio 4259 · Ohio Court of Appeals · Aug 24, 2009

The testimony established that the cocaine was found on the living room couch next to McGhee’s cell phone, cash, and shoe. … The State argues that the Verizon wireless employee who testified for authentication purposes qualifies as an “other qualified witness” under Evid.R. 803(6).

Interstate Independent Corp. v. Fayette County Board of Zoning Appeals

123 Ohio App. 3d 511 · Ohio Court of Appeals · Oct 20, 1997

Pernell (1990), 64 Ohio App.3d 707 , 582 N.E.2d 1075 (massage parlor shut down as nuisance for prostitution did not qualify as prior nonconforming use). The reasoning in Booghier is persuasive. … This court concluded that the requisite criteria are clearly established in the ordinance and are content-neutral. Id. 5 .

Smith v. Raymond Corp.

7 Ohio App. Unrep. 310 · Ohio Court of Appeals · Oct 25, 1990

Such evidence was not used in pursuit of establishing the irrelevant principles of comparative or contributory negligence. … The disputed evidence was clearly relevant, since it was probative on the issue of whether the design of the sideloader was defective with regard to safety devices. Evid.

JG City L.L.C. v. State Pharmacy Bd.

183 N.E.3d 522 · Ohio Court of Appeals · Dec 30, 2021

The Board's brief clearly set forth its argument that it had substantially complied with the conditions of its RFA. … No. 109050, 2020-Ohio-4916, ¶ 21 ("There clearly is evidence that the evaluators did not fully understand the nature of Buckeye Relief's pledged capital.

State v. Jones, Unpublished Decision (8-27-1999)

Ohio Court of Appeals · Aug 27, 1999

. 1 Accordingly, the testimony fails to qualify as expert testimony. … This evidence clearly shows that appellant was in control of the weapon that caused Dyer's death.

Forney v. Climbing Higher Enterprises, Inc.

158 Ohio App. 3d 338 · Ohio Court of Appeals · Aug 25, 2004

The court in Jemo explained: We do not consider [Civ.R. 13] by its nature “clearly inapplicable” to procedure in forcible entry and detainer. … Rather, that section merely serves to establish by order of the court “from time to time,” a means of payment into the court of all rent, past due and accruing during the pendency of the action, from which any eventual net