Case law

Bartel v. Farrell Lines, Inc.

2020 Ohio 5509 · Ohio Court of Appeals · Dec 3, 2020

As such, he is a qualified medical witness under the statute. His opinion that asbestos exposure was a predominate cause of Mr. … Once cause in fact is established, a plaintiff then must establish proximate cause in order to hold a defendant liable.

State v. Brown

2013 Ohio 1099 · Ohio Court of Appeals · Mar 25, 2013

. {¶20} Multiple appellate courts in Ohio, including this district, have concluded that a trial court need not expressly state a witness is qualified as an expert before the expert offers opinion testimony. … record; weighs the evidence and all reasonable inferences; considers the credibility of 22 the witnesses; and determines whether, in resolving conflicts in the evidence, the jury clearly

State v. Jones, 2008-P-0018 (12-31-2008)

2008 Ohio 6994 · Ohio Court of Appeals · Dec 31, 2008

Appellant provided supplemental written materials as well as testimony from John Wesley Hall ("Hall"), an attorney qualified as an expert witness in legal ethics. 4 *Page 4 {¶ 8} Pursuant to its January 7, 2008 judgment entry … *Page 5 {¶ 14} The Ohio Code of Judicial Conduct establishes standards for the ethical conduct of judges.

State ex rel. Meilstrup v. Indus. Comm.

2017 Ohio 811 · Ohio Court of Appeals · Mar 7, 2017

However, a claimant may qualify for a total loss of use award under R.C. 4123.57(B) even if the body part retains some residual function. … Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus.

Walton v. Walton

2011 Ohio 2847 · Ohio Court of Appeals · Jun 13, 2011

recognized that the first GAL recommended Jeremiah be given greater parenting time, although the magistrate believed that his recommendation “appeared -9- Case No. 14-10-21 qualified … (Id.). {¶30} Initially, we note that the magistrate’s decision clearly references Dr. Lowenstein’s testimony and report.

Musial Offices, Ltd. v. Cuyahoga Cty.

2014 Ohio 602 · Ohio Court of Appeals · Feb 20, 2014

The General Assembly clearly intended for there to be stability in property values where none of the exceptions in R.C. 5715.19(A)(2) apply. Concord Columbus, L.P. v. … no need for mini trials to establish them.

State v. McKelton

2015 Ohio 4228 · Ohio Court of Appeals · Oct 13, 2015

- 12 -  Butler CA2015-02-028 withdraw, the trial court had already appointed two additional attorneys qualified … The record clearly supports the trial court's finding.

State v. Zonars

2014 Ohio 2023 · Ohio Court of Appeals · May 13, 2014

We do not find the evidence weighs heavily against appellant's convictions, the jury clearly lost its way, or a manifest miscarriage of justice occurred. … He still was under paper to me, being one of the qualifiers. I think it's important to note that on the record.

In Re Custody of M.B., Unpublished Decision (7-21-2006)

2006 Ohio 3756 · Ohio Court of Appeals · Jul 21, 2006

Butler (1995), 107 Ohio App.3d 633 , 637 (reasoning that the passage of time during which a child progresses from infant to school age qualifies as a change in circumstances when viewed in light of other factors); Perz v. … After reviewing the record, the Court does not believe it establishes that the problems experienced by [M.B.] and her step-father are significant. {¶ 18} "Also, the record clearly indicates that [M.B.] continues to have a

State v. Rowe, Unpublished Decision (8-3-1999)

Ohio Court of Appeals · Aug 3, 1999

Appellant argues that she was not qualified as a molecular biologist, but only as a population geneticist. … He argues that while she was qualified to discuss the probabilities of a match after previous testimony that the samples do, in fact, match, she is not qualified to identify a match between two DNA samples.

State v. Rosales

2018 Ohio 197 · Ohio Court of Appeals · Jan 19, 2018

Moreover, an imposed sentence cannot be reversed unless it is contrary to law or the record clearly and convincingly fails to support the sentence. State v. … But even if that were not sufficient to qualify as a motion, Rosales would remain free to challenge his court costs at any time, even after sentencing, pursuant to R.C. 2947.23(C).

In re S.T.

2020 Ohio 8 · Ohio Court of Appeals · Jan 3, 2020

Plain error does not exist “unless, but for the error, the outcome of the trial clearly would have been otherwise. … witness may testify as an expert if “(A)The witness' testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; (B) The witness is qualified

State v. Saunders

245 N.E.3d 889 · Ohio Court of Appeals · Jun 10, 2024

The trial court found B.S. qualified as a developmentally- disabled person, pursuant to R.C. 5123.031, and that the requirements of R.C. 2945.482 had been met. … This testimony clearly established that B.S. had the characteristics identified in R.C. 5123.01. 3.

State v. Willett

2012 Ohio 2186 · Ohio Court of Appeals · May 16, 2012

. {¶19} Here, Willett’s trial counsel failed to object to Trooper Wilson’s testimony at trial on the basis that the state failed to establish substantial compliance with testing standards. … Willett has not shown that the outcome of trial clearly would have been otherwise had Wilson’s testimony about the field sobriety test results been excluded.

Borer v. Borer

2009 Ohio 6522 · Ohio Court of Appeals · Dec 14, 2009

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 … The magistrate clearly considered the factors contained in R.C. 3105.18, including presenting specific findings on several of those factors.

Cantlin v. Smythe Cramer Co.

2016 Ohio 3174 · Ohio Court of Appeals · May 26, 2016

In addition, the HUD-1 clearly indicates whether a prospective class member has or has not paid the challenged “administrative fee.” … However, pursuant to the certified class definition, the seller in the Cantlin-Hong transaction would qualify as a class member because line 704 of her HUD-1 reflects that she paid an $189 “administrative fee.”

In re R.D.

2022 Ohio 4519 · Ohio Court of Appeals · Dec 15, 2022

R.C. 2151.414(B)(1) establishes a two-part test for courts to apply when determining whether to grant a motion for permanent custody. … Mother clearly cares for her children and her children care for her.

In re J.R.

2018 Ohio 1474 · Ohio Court of Appeals · Apr 17, 2018

Moreover, the undisputed evidence presented at the custody trial clearly establishes, pursuant to R.C. 2151.414(B)(1)(d), J.R. had been in the temporary custody of FCCS for 12 or more months of a consecutive 22-month period … Under R.C. 2151.414(D)(2)(b), J.R. has been in FCCS's custody for two years or longer and no longer No. 17AP-698 17 qualifies

Dist. 1199 v. State E.R.B., Unpublished Decision (6-30-2003)

Ohio Court of Appeals · Jun 30, 2003

There is no dispute in this matter that the grievance filed by Perkins qualified as a class grievance pursuant to Article 7.04 of the CBA. … Again, I believe the record clearly shows that the CBA provides that the mediator was qualified only to render an unofficial, nonbinding opinion. {¶ 59} According to SERB, "[a]bsent justification or excuse, a union's negligent

State v. Brotherhood of Railroad Trainmen Insurance Department

74 Ohio App. 263 · Ohio Court of Appeals · Feb 26, 1944

It is stated by the Judge of the Court of Common Pleas, “It is the conclusion of this Court that the exemption clause of §5414-11 GC of Ohio clearly establishes an exemption only where the defendant seeks to provide indemnity … The remedy, if any, is clearly with the Legislature. Judgment of the Court below affirmed. BARNES, P. J., and HORNBECK, J„ concur.