Case law

Sampson v. Cuyahoga Metropolitan Housing Authority

188 Ohio App. 3d 250 · Ohio Court of Appeals · Jul 22, 2010

His claims clearly arose out of his employment relationship — he was given a gasoline credit card to put gas in his employer’s vehicles. … must be established.

Mankins v. Paxton

142 Ohio App. 3d 1 · Ohio Court of Appeals · Mar 20, 2001

Appellant’s third claim avers that she was deprived of rights, privileges, and/or immunities granted by federal law in violation of Section 1983. … conform and further establishes a procedure whereby exercise of the discretion can be reviewed effectively.

Florek v. Norwood

25 Ohio App. 3d 47 · Ohio Court of Appeals · Jun 24, 1985

Appellants maintain that property owners in cases such as the instant one are no longer absolutely immune from liability to recreational users. … Clearly, R.C. 1533.181 establishes that a private property owner owes no duty to a recreational user of the property. Marrek v. Cleveland Metroparks Bd. of Commrs. (1984), 9 Ohio St. 3d 194, 197 .

State v. Flynn

2024 Ohio 941 · Ohio Court of Appeals · Mar 13, 2024

And furthermore, the court found the evidence clearly showed that the Garrity materials were in the possession of the Law Director’s Office for months prior to the charges being filed. … Thus, the court found that the State failed to affirmatively establish that the Garrity materials were not used in the criminal investigation nor in the Law Director’s decision to file charges.

State v. Harwood

26 Ohio Law. Abs. 473 · Ohio Court of Appeals · Dec 20, 1937

In this case the delinquency lays in the failure to enforce the prohibition law when immunity is bought and paid for. … The evidence clearly established that Captain Harwood, along with Captain Van Norman were in command of the 14th and 15th precincts during that portion of the years of 1928 and 1929 covered by the indictment; that five prosecuting

State v. Whitehead

2021 Ohio 847 · Ohio Court of Appeals · Mar 18, 2021

This establishes a “history” of violence. See State v. Jessen, 3d Dist. … Further, even if we assume for the sake of argument that one prior violent-felony offense does not establish a history of criminal conduct (although it clearly does), the trial court also found that “two or more offenses

Armstrong v. Ohio Fuel Gas Co.

13 Ohio App. 2d 35 · Ohio Court of Appeals · May 9, 1967

As to them several propositions seem clearly established. A city is not an insurer. … The language of the syllabus.in Helms makes it abundantly clear that the owners of private property are immune from liability for minor or trivial defects.

Anderson v. City of Massillon

193 Ohio App. 3d 297 · Ohio Court of Appeals · Mar 21, 2011

Additionally, Annen, who was seated in the passenger seat next to Toles, sounded the air horn at intersections. {¶16} Toles stated that she could clearly see the intersection of Johnson and Walnut Streets as she … However, that immunity is not absolute. R.C. 2744.02(B); Cater v.

Young v. Young

2023 Ohio 3918 · Ohio Court of Appeals · Oct 27, 2023

7 Lumumba, 741 F.2d 12, 14-15 (2d Cir. 1984) (defendant's alleged status as “Vice President and Minister of Justice of the Provisional Government of the Republic of New Afrika” did not entitle him to immunity … Appellant contends that the record contains no evidence to establish an income of $48,000.00 annually and that the witness, Abby Begley was not a qualified witness.

Harris v. Certificate of Qualification of Emp. Petition

2019 Ohio 3658 · Ohio Court of Appeals · Sep 12, 2019

A CQE “immunizes an employer in any proceeding on a claim against the employer for negligent hiring ‘as to the claim if the employer knew of the certificate at the time of the alleged negligence.’” … Such a basis, however, would be an abuse of discretion because R.C. 2953.25 clearly prohibits a denial on such a basis. R.C. 2953.25(C)(4).

Cristino v. Ohio Bur. of Workers' Comp.

2014 Ohio 1383 · Ohio Court of Appeals · Mar 31, 2014

of sovereign immunity. … Appellant argues herein that his claim is premised upon R.C. 2721.02(A), which allows legal rights and obligations to be established without a binding contract.

Casbohm v. Metrohealth Medical Center

140 Ohio App. 3d 58 · Ohio Court of Appeals · Sep 25, 2000

It is well established that the party seeking summary judgment bears the burden of demonstrating that no issues of material fact exist for trial. Celotex Corp. v. … Clearly, nurse Thompson’s diagnosis of sexual abuse was, as stated by one reviewing physician, a grave departure from the applicable standard of care.

Barnes v. Meijer Dept. Store, Unpublished Decision (4-5-2004)

2004 Ohio 1716 · Ohio Court of Appeals · Apr 5, 2004

Public officials, including police officers, who perform discretionary functions are entitled to qualified immunity in a Section 1983 action as long as their conduct does not violate clearly established federal rights of … Shobe is therefore entitled to qualified immunity with regard to appellant's Section 1983 claim. See Carlton v.

In re A.S.

2020 Ohio 1356 · Ohio Court of Appeals · Apr 8, 2020

A.S.’s medical records indicate that the child was current on all immunizations and check ups while in the parents’ custody. {¶18} Finally, to the extent that CSB alleged that Mother was unable to provide appropriate … However, there was no evidence of any assessment of Mother’s cognitive functioning or that any witness at the hearing was qualified to render a diagnosis in that regard. {¶19} Based on a review of the evidence,

Hines v. Univ. of Akron

2013 Ohio 5608 · Ohio Court of Appeals · Dec 19, 2013

. {¶ 6} The motion noted that a determination of immunity or, more properly, lack of immunity was required before a state employee could be sued in the common pleas court. … August 19, 2010, is clearly the “alerting event” at which point Hines became aware that his injury was proximately caused by The University of Akron.

Afjeh v. Ottawa Hills

2015 Ohio 3483 · Ohio Court of Appeals · Aug 26, 2015

Appellant has not pointed to any evidence establishing that appellee acted with a “willful and intentional design.” Appellant claims 7. … immunity, we hold that appellant’s assignment of error is not well-taken.

Mosley v. Evans

90 Ohio App. 3d 633 · Ohio Court of Appeals · Sep 30, 1993

Once this prima facie case is established, the defendant may avoid liability by invoking various defenses. The defense which is relevant to this case is that of qualified or conditional privilege. … trial during the presentation of Mosley’s case clearly established the elements necessary for application of the qualified privilege, as a matter of law.

Taylor v. State, Department of Rehabilitation & Correction

43 Ohio App. 3d 205 · Ohio Court of Appeals · Jan 28, 1988

Clearly, a municipal corporation may not use its home rule power to control the state in its exercise of state governing power. … That is, whether Cleveland can prohibit the state from establishing a state facility in Cleveland. The issue is similar to that in Blue Ash v.

Wood v. Simmers

2017 Ohio 8718 · Ohio Court of Appeals · Nov 28, 2017

and file a surety bond, certificate of deposit, irrevocable letter of credit, cash or cashier's check with the division; properly plug and abandon all wells; or transfer ownership of all his oil and gas wells to another qualified … According to appellant, prior to July 6, 2015, the chief permitted well owners to establish proof of financial responsibility by filing a Form 3 Financial Statement.

Inland Products, Inc. v. City of Columbus

193 Ohio App. 3d 740 · Ohio Court of Appeals · Apr 28, 2011

Specifically, the City argued that Inland could not establish an exception to the general grant of political subdivision immunity and that the flooding of Inland’s property was caused by an act of God, for which the City … Chapter 2744 establishes a three-tiered analysis for reviewing claims of political-subdivision immunity. Colbert v. Cleveland, 99 Ohio St.3d 215 , 2003-Ohio-3319 , 790 N.E.2d 781, ¶ 7 . For purposes of R.C.