Case law

Gore v. Gore

27 Ohio App. 3d 141 · Ohio Court of Appeals · Oct 23, 1985

The record in this case clearly establishes that this couple attained a relatively high standard of living during their marriage and that Marie has rather sizeable monthly expenses. … William cites this court to the daily newspaper’s help-wanted section to establish that there are plenty of jobs available to women in today’s world.

Drexler v. Greater Cleveland Regional Transit Authority

80 Ohio App. 3d 367 · Ohio Court of Appeals · Jun 1, 1992

The court noted: “Clearly, there is no evidence that the transit authority assumed through promises or actions an affirmative duty to protect the plaintiff in her individual capacity. … R.C. 2744.01(G)(2)(c) includes the establishment, maintenance and operation of a transit company within the definition of a proprietary function.

Bethel v. Dunipace

57 Ohio App. 3d 89 · Ohio Court of Appeals · Dec 8, 1988

The sheriff here, having “* * * acted precisely in accordance with the instructions contained in the writ committed to him, which on its face, was unimpeachable * * *,” should therefore be “* * * immune from liability for … In addition to being unworkable in practice, I believe this decision runs contrary to prudent and well-established policy considerations, expressed in the Wholesale Electric decision as follows: “ ‘Before executing process

Petranek v. Salay

2024 Ohio 4745 · Ohio Court of Appeals · Sep 30, 2024

“A qualified nuisance, on the other hand, ‘is premised upon negligence.’” Pietrangelo at ¶ 46, quoting Kramer at ¶ 21. … evidence sustains the issue which is to be established before them.

State v. Soto

2024 Ohio 1457 · Ohio Court of Appeals · Apr 17, 2024

court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … Immunity {¶48} Mr.

Hinkle v. Cornwell Quality Tool Co.

40 Ohio App. 3d 162 · Ohio Court of Appeals · May 6, 1987

As used on these checks, “Model” clearly pertained to Model Industries, Inc. of Chicago, from which the invoices attached to them had been received.” Transcript of Docket & Jour. … The trial court did not grant Summit’s motion to dismiss on the basis of sovereign immunity, or on the basis of official immunity.

Miller v. Ohio Department of Human Services

105 Ohio App. 3d 539 · Ohio Court of Appeals · Aug 14, 1995

The trust in question clearly fits the definition of a Medicaid qualifying trust, under both Ohio and federal law. … A Medicaid qualifying trust is “a trust, or similar legal device, established (other than by will) by an individual (or an individual’s spouse) under which the individual may be the beneficiary of all or part of the payments

Colosseo USA, Inc. v. Univ. of Cincinnati

2019 Ohio 2026 · Ohio Court of Appeals · May 24, 2019

that identified Colosseo and Daktronics as approved vendors who were qualified to participate in the replacement of scoreboards for the facilities identified in the RFP. … An exception exists if the denial is based on political-subdivision immunity. See Supportive Solutions, L.L.C. v.

Van Der Veer v. Ohio Department of Transportation

113 Ohio App. 3d 60 · Ohio Court of Appeals · Jul 25, 1996

Such a right did not exist at common law simply because the state had immunity and suits could not be brought against the state. … Given that the state has voluntarily consented to be sued, we find that the state may qualify and draw perimeters around the granted right without violating due process or equal protection.

State v. Reed

2013 Ohio 3970 · Ohio Court of Appeals · Sep 16, 2013

But that immunity was – it’s called transactional immunity, that he cannot be prosecuted for his involvement in this case. And what could he have done. … Having concluded above that the prosecutor’s statement regarding Palmer’s immunity was not improper, Reed cannot establish that his counsel’s failure to object constituted a deficient performance.

Dayton v. Dayton

40 Ohio App. 3d 17 · Ohio Court of Appeals · Dec 11, 1987

This provision clearly establishes the intent of Congress that litigants may secure service on a pension plan by serving the plan rather than a plan administrator or trustee. … The requirements of a qualified order are clearly set forth in this amendment to the Employee Retirement Security Act which was effective August 23, 1984.

Singleton v. City of Hamilton

33 Ohio App. 3d 187 · Ohio Court of Appeals · Jun 16, 1986

Since municipal corporations still enjoy certain forms of sovereign immunity, we will first examine the impact, if any, of prior sovereign immunity decisions on this case. … Within the general standards title are ordinance chapters relating, inter alia, to regulation of littering, food establishments, preparation of frozen desserts, sale of meats, disposal of the dead, swimming pools, weeds,

State v. Mundt

2026 Ohio 1413 · Ohio Court of Appeals · Apr 17, 2026

However, we affirmed the trial court’s dismissal of the SMI petition based on the dearth of evidence establishing the degree of impairment resulting from Appellant’s qualifying condition in the days and hours preceding the … Appellant further asserts we relied on clearly erroneous findings of fact.

Dunway v. Sidney

2012 Ohio 4518 · Ohio Court of Appeals · Oct 1, 2012

This requires the moving party to establish: (1) that there are no genuine issues of material fact, (2) that the moving party is entitled to judgment as a matter of law, and (3) that reasonable minds can come to but one … For its part, the City argues that the large size of the steps and the prominent black handrails in the center and on the west side of the steps made them clearly observable upon ordinary inspection. {¶18} Despite

Dickinson v. Spieldenner

2017 Ohio 667 · Ohio Court of Appeals · Feb 24, 2017

Appellees argued that appellant could not establish a prima facie case of defamation against any of the parties. … Arguments were also made regarding privilege and immunity. {¶ 10} In opposition, appellant stressed that appellee Spieldenner’s October 30, 2013 ODE report which stated that appellant was the subject of “multiple

State v. Hall

173 N.E.3d 166 · Ohio Court of Appeals · Jun 4, 2021

Hall was unable to advance this argument; the record clearly established that he was the sole perpetrator of the offenses, thereby making it nigh impossible for him to rebut the presumption that he was not the principal … An error qualifies as “plain error” only if it is obvious and but for the error, the outcome of the proceeding clearly would have been otherwise. State v. Macias, 2d Dist.

In re Adoption of O.N.C.

191 Ohio App. 3d 72 · Ohio Court of Appeals · Oct 25, 2010

As a result, an adoption petitioner need only establish the biological parent’s failure to contact or failure to support, not both. In re Adoption of Rodabaugh, 3d Dist. … Had the legislature intended the qualifying phrase to apply to both a parent’s contact and to maintenance and support, it would have included the qualifying phrase in the statute.

Moore v. Burt

96 Ohio App. 3d 520 · Ohio Court of Appeals · Aug 3, 1994

Finally, SEMC argues that the lack of statutory immunity violates due process. … The court in Albain and Browning clearly indicated that the proper remedy in such instances is an action for negligent credentialing.

Stresen-Reuter v. Hull

6 Ohio App. Unrep. 191 · Ohio Court of Appeals · Aug 3, 1990

Ohio law establishes that before summary judgment can properly be granted, three requirements must be met. … Kotten the Supreme Court of Ohio stated that: "The correct rule as to the type of malice required to be established by plaintiff in connection with qualified privilege cases is simply and clearly stated *** [as a requirement

Hollowell v. Society Bank & Trust

78 Ohio App. 3d 574 · Ohio Court of Appeals · Feb 28, 1992

First, being black, Hollowell is clearly a member of a protected class. … was adequately qualified.