Case law

Aquatic Renovations Sys., Inc. v. Vill. of Walbridge

110 N.E.3d 877 · Ohio Court of Appeals · Apr 13, 2018

Since the village denied the existence of a second contract, the village’s legislative authority argument does not qualify as an affirmative defense which the village had to raise in its answer. … Id. {¶ 42} While appellant claims it is clearly entitled to compensation pursuant to the holding in Wilson Bennett, a review of Ohio case law shows our case, Knox Elec. Constr., 14. Inc. v. Huron Cty.

Bobb Forest Products, Inc. v. Morbark Industries, Inc.

151 Ohio App. 3d 63 · Ohio Court of Appeals · Sep 30, 2002

After Sandborn and McCormick arrived, Roosa returned to Morbark’s plant in Michigan, as he felt those two were more qualified to repair the machine. … Clearly, Morbark knew what equipment was necessary to run a sawmill.

State v. Jones

2026 Ohio 106 · Ohio Court of Appeals · Jan 9, 2026

R.C. 2151.356(C)(1). {¶27} Likewise, the three events affecting the timing of the motion are all clearly related to juvenile court proceedings. … history of the person; (v) The granting of a new tier classification or declassification from the juvenile offender registry pursuant to section 2152.85 of the Revised Code, except for public registry-qualified

Warkoczeski v. Speedway

2010 Ohio 2518 · Ohio Court of Appeals · Jun 7, 2010

However, Goodwin found this scenario was unlikely because it would have resulted in Betty falling to her right and her injuries were clearly consistent with falling to her left. {¶16} Goodwin concluded a second … -11- Case No. 2-09-26 {¶22} In the present case, the parties do not dispute that Goodwin is a qualified expert who testified about a subject beyond the knowledge of

Mullen v. Hobbs

2012 Ohio 6098 · Ohio Court of Appeals · Dec 26, 2012

Mullen testified that she had clearly explained to Hobbs that she did not want Hobbs to see or speak to her daughter. … The Fourth Appellate District affirmed the trial court’s determination that this evidence established mental distress under prong (b).

Phelps v. Community Garden Assn., Inc.

2021 Ohio 3675 · Ohio Court of Appeals · Oct 14, 2021

First, the notice issue to be determined on remand was not limited to the period between 2010 and 2014, and it was qualified by whether or not it complied with the Declaration. … Because CGA failed to establish that it complied with the Declaration, it did not meet its burden of establishing its entitlement to summary judgment as a matter of law.

State v. Dickens, 07ca009218 (9-2-2008)

2008 Ohio 4404 · Ohio Court of Appeals · Sep 2, 2008

Because no details of the detective's report are included the record, Dickens has failed to demonstrate that any of it qualifies as a "statement" under Crim. … . {¶ 31} Moreover, even if portions of the report qualified as prior statements under Crim.

State Ex Rel. Powertrain v. Hudson, 06ap-1268 (12-18-2007)

2007 Ohio 6773 · Ohio Court of Appeals · Dec 18, 2007

Relator contends that, by accepting retirement and signing the release, claimant clearly voluntarily retired and gave up any claim to workers' compensation benefits. … When determining whether an injury qualifies for TTD compensation, the court utilizes a two-part test.

State v. Williams

2020 Ohio 4430 · Ohio Court of Appeals · Aug 21, 2020

Franklin No. 06AP-1154, 2008-Ohio-462, ¶ 25. {¶37} The but-for test of causation is the standard test for establishing cause in fact. Ackison v. … After cause in fact is established, proximate cause must be demonstrated. Id.

State v. McMannis

2024 Ohio 415 · Ohio Court of Appeals · Feb 6, 2024

filed a timely appeal and raises two assignments of error.2 ASSIGNMENT OF ERROR NO. 1 AS AMENDED BY THE REAGAN TOKES ACT, THE REVISED CODE’S SENTENCES FOR QUALIFYING … (Id.) {¶19} When reviewing a felony sentence, an appellate court must uphold the sentence unless the evidence clearly and convincingly does not support the trial court’s findings under the applicable sentencing statutes

State v. Maddox

168 N.E.3d 613 · Ohio Court of Appeals · Mar 4, 2021

The Supreme Court upheld the search of the vehicle in concluding that "the smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to search a motor vehicle, pursuant … In adopting the officer’s testimony in the statement of facts, the trial court clearly believed their version of the events.

State v. King, Unpublished Decision (7-18-2006)

2006 Ohio 3922 · Ohio Court of Appeals · Jul 18, 2006

In accordance with the Supreme Court's holding in Said, this was clearly error. However, in our view such error was harmless in light of the testimony of Nina Sutton. … Admittedly, more expertise than this would have been necessary to qualify her as a medical expert.

State ex rel. Professionals Guild of Ohio v. State Emp. Relations Bd.

2020 Ohio 3289 · Ohio Court of Appeals · Jun 11, 2020

Thus, once an eligible employee communicates to the employer of the need to take leave for an FMLA-qualifying reason, neither the employee nor the employer may decline FMLA protection for that leave. … Hall, 71 Ohio St.3d 632, 637 (1995). {¶ 53} The Supreme Court of Ohio has acknowledged the deference due to the specialized administrative expertise required of SERB: "It was clearly the intention of the Ohio General

State v. Abdugheneima

2017 Ohio 8423 · Ohio Court of Appeals · Nov 3, 2017

. {¶ 10} Under R.C. 2311.14(A)(1), “[w]henever because of a hearing, speech, or other impairment a party to or witness in a legal proceeding cannot readily understand or communicate, the court shall appoint a qualified … To establish ineffective assistance of counsel, an appellant must show “(1) deficient performance of counsel, i.e., performance falling below an objective standard of reasonable representation, and (2) prejudice, i.e.,

In Re C.C., 88320 (5-10-2007)

2007 Ohio 2226 · Ohio Court of Appeals · May 10, 2007

The inability of the state to produce such specific chronological information is without prejudice to the defendant provided that failure to allege or prove specific times and dates does not establish a material deterrent … Appellant also claims that admission of the statements to Petrus violated his rights under the confrontation clause and that the statements that the twins made to their mother do not qualify as excited utterances as a matter

State v. Young

2020 Ohio 462 · Ohio Court of Appeals · Feb 11, 2020

Hager's testimony arguably encompasses her personal belief that she did not qualify for judicial release based on her conversations with her attorney. … Hager and Brady) when the state failed to establish the unavailability of those co-defendants and failed to show corroborating circumstances clearly indicated the Nos. 18AP-630 and 18AP-631

Conrad-Hutsell v. Colturi, Unpublished Decision (5-24-2002)

Ohio Court of Appeals · May 24, 2002

Colturi clearly had statutory duties to appellant regarding the utilization of controlled substances in her treatment. … Allyn is a family practitioner, held to the same standards of care, he is qualified, pursuant to Evid.R. 702(B), to render an opinion regarding these matters.

State v. Yancy

2025 Ohio 5135 · Ohio Court of Appeals · Nov 13, 2025

(testimony that the declarant sounded “a little nervous, edgy” and that her voice sounded “different than normal” was insufficient for statements to qualify as excited utterances under Evid.R. 803(2)); State v. … reviewing a manifest weight challenge, an appellate court “‘weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly

Wolf v. Kaplan

2021 Ohio 2447 · Ohio Court of Appeals · Jul 15, 2021

Wolf is an experienced triathlete who participated in prior triathlons and had qualified for the USA Triathlon Nationals event. She also had become a certified race director for USA Triathlon. … customary risk” that is inherent in the martial art sambo, that recovery was dependent upon whether the defendant’s conduct was either reckless or intentional, and that summary judgment was warranted when the record clearly

Poulton v. American Economy Ins., Unpublished Decision (6-20-2005)

2005 Ohio 3123 · Ohio Court of Appeals · Jun 20, 2005

The trial court confirmed the $2,500,000 arbitration award and ordered a set-off, awarding appellees $2,400,000 "as against American States Preferred Insurance Company and/or Indiana Insurance Company." {¶ 21} Clearly, the … Therefore, the Hopkins court found Hopkins did not qualify as an insured under Galatis.