Case law

State v. Roeder

2024 Ohio 3054 · Ohio Court of Appeals · Aug 12, 2024

Diplomat with immunity from all charges as well as CEO of multiple international corporations with citizenships in the U.S., U.K. and Switzerland. … However, Babula determined that Roeder qualified for NGRI status because there “was a severe mental disease and defect that interfered with his ability to recognize the wrongfulness of his actions at that time.”

Williams v. Columbus

2016 Ohio 7969 · Ohio Court of Appeals · Dec 1, 2016

may be asserted to establish nonliability: *** (6) [T]he employee is immune from liability unless one of the following applies: *** … Here, clearly, the plaintiffs' vehicle had resumed travel and passed the previously stopped police car when the collision occurred.

Johnson v. Aultman Hosp.

2018 Ohio 1268 · Ohio Court of Appeals · Mar 30, 2018

The requisite degree of fault the plaintiff must establish is dependent upon the classification of the defamation. … Appellant herein would have to show actual malice to overcome the qualified privilege.

State v. Jones

2016 Ohio 5923 · Ohio Court of Appeals · Sep 22, 2016

Alarafi also initially testified that Randy told him that T.J. had not been immunized, but later admitted, after reviewing his notes, that Randy said he was not sure whether she had been immunized; the record indicates … that T.J. had, in fact, been immunized. {¶13} Dr.

Miller-Wagenknecht v. City of Munroe Falls, Unpublished Decision (12-5-2001)

Ohio Court of Appeals · Dec 5, 2001

However, a qualified immunity applies. Lyons pled the defense of qualified immunity in her answer. In Martin v. Eastlake (N.D.Ohio. 1988), 686 F. … In effect, qualified immunity may shield from liability, an officer who violates another's constitutional rights. * * * The focus of the qualified immunity defense * * * is not on whether the constitutional right was established

In re T.S.

2021 Ohio 638 · Ohio Court of Appeals · Mar 8, 2021

In sum, everything T.S. and law enforcement needs to know about T.S.’s legitimate classification and registration requirements is clearly ascertainable from the judgment entries in this case and there is no indication … First, T.S. must establish that his trial counsel’s performance has fallen below an objective standard of reasonable representation. Strickland v. Washington, 466 U.S. 668, 687 (1984); State v.

Kovalicky v. Istvanik

21 Ohio Law. Abs. 302 · Ohio Court of Appeals · Aug 30, 1935

As to reservation No. 3, namely, “to use freely the Ecclesiastical immunities.” … Let this be clearly un-’ derstood, nor should we speak of the Code as being their proper legislation, but with regard to the above points they are bound by the same ecclesiastical discipline.

Hilty v. Donnellon McCarthy Ents., Inc.

2026 Ohio 434 · Ohio Court of Appeals · Feb 11, 2026

Nevertheless its verdict on the defamation claim ultimately turned on whether Hilty could establish actual malice. … Finding there to be no actual malice when the Conners statements were made, the jury determined that Hilty had not established defamation.

State v. Phelps

100 Ohio App. 3d 187 · Ohio Court of Appeals · Jan 17, 1995

Conflicting evidence was presented as to the existence of any agreement and as to whether Laura’s prior statements were given under immunity. … There was sufficient evidence to establish the common-law marriage under Islamic law by clear and convincing evidence.

Bartlett v. McDonald

59 Ohio App. 85 · Ohio Court of Appeals · Mar 26, 1937

A proviso is so identified with the text of a statute which it qualifies that if such enacting part is repealed by a subsequent statute repugnant to it, the proviso will fall also. … Under this rule, the provision for erecting signs will apply only to the main thoroughfares established by local authority.

Balbach v. Ohio Department of Transportation

67 Ohio App. 3d 582 · Ohio Court of Appeals · May 8, 1990

As such, that decision was immune from liability. … The trial court erred by not finding that ODOT breached its duty of care to plaintiff’s decedents by failing to use portable concrete barriers to separate traffic at the accident site because the evidence clearly demonstrated

Bridges v. Butch

122 Ohio App. 3d 572 · Ohio Court of Appeals · Sep 8, 1997

The remaining inquiry, therefore, focuses on whether appellants suffered a deprivation of a right, privilege, or immunity secured by the Constitution or federal law. … In their summary judgment motion, appellees also argued that they were entitled to qualified immunity. However, this argument was omitted in their brief on appeal. 2 .

Martin v. City of Canton

41 Ohio App. 420 · Ohio Court of Appeals · Oct 22, 1931

The section is in ■ derogation of an immunity from civil re *563 sponsibility possessed by municipalities, and therefore, as stated in the Arbenz case, it must be strictly construed, and it is our determination that this … Second, our Supreme Court receded from its departure from the established rule in Fowler, Adm’x v City of Cleveland, 100 Oh St 158, 126 N. E. 72 , 9 A. L.

Tillman v. Mantz

2022 Ohio 2527 · Ohio Court of Appeals · Jul 22, 2022

R.C. 2744.02(A)(1) establishes a general grant of immunity to political subdivisions, with potential exceptions “when civil liability is expressly imposed upon the political subdivision by a section of the Revised Code … immunity exceptions.

Strausbaugh v. Ohio Department of Transportation

150 Ohio App. 3d 438 · Ohio Court of Appeals · Dec 5, 2002

Strausbaugh did not appeal from the personal immunity judgment. … First, the record clearly reveals that ODOT did not offer the preclusion argument at the trial level, either in its motion for summary judgment or at trial.

Ag Choice Farm Credit, ACA v. Zylstra Dairy, Ltd.

2020 Ohio 1313 · Ohio Court of Appeals · Apr 6, 2020

Br. at 23). {¶24} In response to the United States’ position that its tax liens are senior to its security interests, Ag Choice argues that the milk proceeds are “qualified property” under 26 U.S.C. § 6323(c)(2 … the United States did not waive its sovereign immunity to litigate its claim on that issue.

Ayersville Water & Sewer Dist. v. Geiger

2012 Ohio 2689 · Ohio Court of Appeals · Jun 18, 2012

Furthermore, R.C. 6119.05 “unequivocally and clearly reads that the board of trustees’ approval of the inclusion will not take effect if the majority of the qualified electors file a written remonstrance with the secretary … The easement clearly describes its size and scope, establishing that it will be 20 feet wide centered on the sewer line, and the purpose is for sewerage on the property. (Def. Ex. D).

Holden v. Shutt

65 Ohio App. 37 · Ohio Court of Appeals · Nov 29, 1939

The code provision did not authorize the bestowal of the immunities therein provided upon this mortgagor, after the foreclosure sale. “1. … A foreclosure sale of mortgaged premises is consummated when the property is duly advertised, offered at public auction, and bid in by a seemingly qualified bidder.

Fisher v. Harden, Unpublished Decision (9-19-2005)

2005 Ohio 4965 · Ohio Court of Appeals · Sep 19, 2005

Appellees filed a timely answer, raising eight affirmative defenses including qualified immunity under R.C. Chapter 2744 . … of clearly established law and the information that he possessed.

State v. Minor

47 Ohio App. 3d 22 · Ohio Court of Appeals · Mar 31, 1988

R. 702 requires that the trial court determine whether the witness is qualified to give an expert opinion. Evid. R. 104(A). … As such, we cannot conclude that the trial court clearly abused its discretion when it found that the expert was qualified, under Evid.