Case law

State ex rel. Yuravak v. Indus. Comm.

2016 Ohio 8343 · Ohio Court of Appeals · Dec 22, 2016

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. … Comm., 29 Ohio App.3d 145 (1985). {¶ 54} When demonstrating whether an injury qualifies for TTD compensation, a two-part test is used. The first part of the test focuses on the disabling aspects of the injury.

Schlagheck v. Winterfeld

108 Ohio App. 299 · Ohio Court of Appeals · Dec 29, 1958

Furthermore, it is said that the presumption of the validity of a zoning ordinance stands until it is clearly established that such an ordinance is invalid, Pearce v. City of Youngstown, 100 Ohio App., 22 , 135 N. … effective jn thirty days after the date of such adoption unless within thirty *306 days after the adoption of the amendment or supplement there is presented to the board of township trustees a petition, signed by a number of qualified

State ex rel. Cassens Corp. v. Indus. Comm.

2022 Ohio 2936 · Ohio Court of Appeals · Aug 23, 2022

The magistrate No. 21AP-93 2 determined that the injured employee, Luis Ybarra, established a VSSR. … Petrie has clearly found that the specific safety requirements in Ohio Adm.Code 4123:1-5 may apply to outdoor areas and qualify as "workshops." See State ex rel. Brammer v. Indus. Comm., 10th Dist.

Schmidt v. Crayne

2024 Ohio 4726 · Ohio Court of Appeals · Sep 27, 2024

He described: So in that situation, first of all, it’s hard to establish an airway or hard to put the tube in. … Kaul was qualified to provide opinions with respect to Drs. Ahmed and Khan’s treatment of Joel. See Alexander v. Mt. Carmel Med.

State v. Williams

2024 Ohio 5164 · Ohio Court of Appeals · Oct 28, 2024

Lynk heard a male’s voice clearly shouting “J-Bae, Jae Bae,” which was J.C.’s nickname. {¶7} The voice continued, stating “J-Bae, Jae Bae, come outside, mother fucker. I’m gonna shoot these dogs. … And there was forensic evidence establishing that the firearm stolen from Mr.

Southern Ohio Coal Co. v. Kidney

100 Ohio App. 3d 661 · Ohio Court of Appeals · Jan 11, 1995

In other words, a consent judgment acts as a super judgment, immune from attack absent an allegation of fraud in its procurement. See 63 Ohio Jurisprudence 3d (1985) 46-47, Judgments, Section 273. … Since his job includes establishing the mining rules to provide for the safety of Ohio miners, the perceptions of the miners as to what they consider safe is of crucial importance in setting the standards.

State v. Hunneman, Unpublished Decision (12-28-2006)

2006 Ohio 7023 · Ohio Court of Appeals · Dec 28, 2006

The Court, quoting Crawford , explained that testimony is "[a] solemn declaration or affirmation made for the purpose of establishing or proving some fact." … "Abuse of discretion means a discretion exercised to an end or purpose not justified by, and clearly against reason and evidence." Id., citing State v. Hancock , 108 Ohio St.3d 57 , 2006-Ohio-160 , ¶ 130 .

Grandview Hospital v. Zaino, Unpublished Decision (6-28-2002)

Ohio Court of Appeals · Jun 28, 2002

In each of those cases, the reviewing court upheld the BTA's refusal to grant the exemption because none of the appellants qualified as a charitable institution under the statute. … Moreover, we have not discovered any cases that clearly indicate Grandview should not be entitled to the exemption.

Jones v. Conrad, Unpublished Decision (9-4-2001)

Ohio Court of Appeals · Sep 4, 2001

Frazer is clearly qualified to testify as an expert because of his medical knowledge. … Appellant cannot establish a prima facie case without competent medical testimony to establish proximate causation between her injury and her medical condition. Fox v. Indus. Comm . (1955), 162 Ohio St. 569 .

Taneff v. Lipka

124 N.E.3d 859 · Ohio Court of Appeals · Mar 14, 2019

Cramer as administrator, or, in the alternative, replace him with a "more knowledgeable and qualified administrator." (Feb. 23, 2016 Appellants' Answers at 2, 4.) After appellee filed a motion to strike Ms. … Where a question of law is raised, it is reviewed 7 Prof.Cond.R. 1.5(a) provides: "A lawyer shall not make an agreement for, charge, or collect an illegal or clearly excessive fee.

In re Adoption of T.M.Z.

2025 Ohio 5000 · Ohio Court of Appeals · Nov 3, 2025

-4- Case No. 13-25-07 the facts sought to be established.” Cross v. … The Court also finds that [Stepfather] is suitably qualified to care for and rear [T.M.Z.]. No evidence was presented which would indicate the adoption is contrary to [T.M.Z.]’s best interest.

State v. Smith

2013 Ohio 640 · Ohio Court of Appeals · Feb 25, 2013

Brockway, 2 Ohio App.3d 227, 232 (1981). {¶17} In Vega, the court clearly endorsed the legislative delegation of R.C. 3702.143, and the rebuttable presumption of reliability of R.C. 4511.19(D)(1)(b). … Thus, the central issue as presented in the case before us, does the Intoxilyzer 8000 qualify as “proper equipment”? The answer is “yes” if it is generally reliable and “no” if it is not.

King v. King

2019 Ohio 1561 · Ohio Court of Appeals · Apr 26, 2019

which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; (g) The standard of living of the parties established … (Emphasis added.) {¶ 18} As quoted, the language of R.C. 3105.18(C)(1)(a) clearly and unambiguously states that all sources of income, including property deemed to be 8.

In Re Salisbury, Unpublished Decision (12-21-2004)

2004 Ohio 7118 · Ohio Court of Appeals · Dec 21, 2004

After such selection is made and approved by the probate court and the person selected is appointed and qualified, the powers of the former guardian shall cease. … We find no abuse of discretion by the trial court in accepting the substitute exhibit. {¶ 23} Appellant clearly established he was the father of the child. See, Exhibit A.

Fowler v. Indian River Juvenile Corr. Facility

2021 Ohio 4422 · Ohio Court of Appeals · Dec 16, 2021

. §4123.01(C)(4), to establish the extent of the Psychological Condition prior to the Incident. … (“To the contrary, Plaintiff's own testimony, and that of her expert, clearly establish that her MDD pre-existed the Incident.”

Manchester v. Youngstown Sheet & Tube Co.

24 Ohio Law. Abs. 658 · Ohio Court of Appeals · Jun 4, 1937

To this amended petition an answer was filed in which there are several admissions, to-wit:' That the plaintiff is the duly appointed, qualified and acting administrat- or de bonis non of the estate of Donald Yeager, deceased … True, it might be a moral obligation by reason of the subsequent arrangement; however, not a legal one, quite clearly establishing that defendant had not resigned control over the craneman Dzuracki.

Unifund CCR Partners v. Young

2013 Ohio 4322 · Ohio Court of Appeals · Sep 27, 2013

(Deposition of Vicki Young, pp. 162, 165, 166). {¶53} Young asserts that she is greatly qualified and complies with standards for a class representative. … Because we found that the trial court properly found that the statute of limitations barred some of her claims and that she failed to establish the numerosity requirement as to all of her claims, and she was required to establish

State v. Shepherd

2017 Ohio 328 · Ohio Court of Appeals · Jan 30, 2017

Moreover, Shepherd's "fight or flight response" is insufficient to qualify as the kind of emotional state necessary to incite sudden passion or rage. … . {¶ 34} We conclude that Shepherd failed to meet the burden of establishing sufficient evidence of provocation to warrant an instruction on aggravated assault.

Price v. Matco Tools, 23583 (9-28-2007)

2007 Ohio 5116 · Ohio Court of Appeals · Sep 28, 2007

The trial court denied defendants' motion for summary judgment on October 23, 2006, concluding that genuine issues of fact precluded summary judgment, including whether Appellant was qualified for her position, whether Matco … Further compounding the confusion is the fact *Page 9 that Appellant's intention not to pursue these claims is clearly expressed, yet coupled with a request for the court to act in order to effectuate dismissal.

State v. Riley

2013 Ohio 1332 · Ohio Court of Appeals · Mar 22, 2013

Otherwise, an accomplice instruction may become necessary only in certain “rare circumstances” where a person might have been an accomplice, but was never indicted, such as a situation in which he or she received immunity … It is well established, though, that failure to object or otherwise raise venue issues in a juvenile complaint waives the matter on appeal. See, e.g., State v.