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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State ex rel. Eddy v. Indus. Comm. 14AP-952Where the magistrate's decision concluded that relator was not entitled to total temporary disability compensation because there was some evidence in the record that her departure from employment and subsequent absence from the workplace was not related to an allowed condition, and finding no error of law or other defect on the face of the magistrate's decision, the decision of the magistrate is approved and adopted by the court as its own. It is the judgment and order of this court that the requested writ of mandamus is denied.BrunnerFranklin 2/4/2016 2/4/2016 2016-Ohio-387
In re C.C.S. 15AP-884Petitioner-appellant, birth mother was found to have validly signed a permanent surrender agreement and failed at trial to present clear and convincing evidence of duress or other factors that showed she had no choice but to surrender the baby. The respondent-appellee, adoption agency, moved for involuntary dismissal under Civ.R. 41(B)(2) which was granted. After the case was remanded, the trial court then sufficiently stated its facts and reasoning for granting the involuntary dismissal. Trial court decision affirmed.TyackFranklin 2/4/2016 2/4/2016 2016-Ohio-388
Frash v. Ohio Dept. of Rehab. & Corr. 14AP-932Discretionary immunity does not apply where ODRC had constructive notice of a condition that proximately caused the death of an inmate. That ODRC has no specific information that an attack was imminent or against a particular inmate, does not bar a finding of constructive notice of an impending attack where the facts demonstrate that the inmate has historically and repeatedly exhibited extreme violence as a result of suffering from paranoid schizophrenia. When such an inmate is placed in a lower security setting and guarded by a single inexperienced guard who thinks he is guarding a lower security area than he actually is, there is negligence. When privilege and relevance are asserted by the State to block discovery before the Court of Claims, the burden is on the party asserting privilege to prove the records sought are privileged or not likely to lead to the discovery of relevant admissible evidence. Judgment of the Court of Claims is reversed and remanded with instructions.BrunnerFranklin 2/2/2016 2/2/2016 2016-Ohio-360
IPS Elec, Servs., L.L.C. v. Univ. of Toledo 15AP-207In this construction contract dispute, appellant fails to demonstrate the contract contained an unlawful "no damages for delay" provision. The Court of Claims did not misapply the waiver provisions of the contract. Also, the Court of Claims did not err in finding motion to amend moot. Lastly, appellee's cross-assignment of error is moot because all of appellant's assignments of error are overruled. Judgment affirmed.Luper SchusterFranklin 2/2/2016 2/2/2016 2016-Ohio-361
Commons at Royal Landing, L.L.C. 15AP-250The trial court did not err in ruling on appellees' motion for summary judgment without allowing additional discovery where appellant failed to file a Civ.R. 56(F) motion asking the trial court to delay ruling on appellees' motion for summary judgment, appellant's affidavit attached to his memorandum contra the motion for summary judgment did not contain a particularized factual basis that explained why appellant was unable to oppose the motion for summary judgment absent a continuance, and appellant never subpoenaed any individuals for depositions or filed a motion to compel discovery.DorrianFranklin 2/2/2016 2/2/2016 2016-Ohio-362
State v. Ferguson 15AP-636Appeal from a conviction on a charge of theft of a credit card, in violation of R.C. 2913.02. The admission of certain evidence was not plain error. The defense theory of the case was not ineffective assistance of counsel. The evidence at trial was sufficient to go to the jury, and the jury's verdict was not against the manifest weight of the evidence.TyackFranklin 2/2/2016 2/2/2016 2016-Ohio-363
Wells Fargo Bank, N.A. v. Hazel 15AP-93Judgment affirmed. The trial court followed our instructions on remand. In light of the law of the case doctrine, the trial court did not abuse its discretion in finding that Hazel did not comply with Civ.R. 9(C), and thereby sustaining Wells Fargo's objections to the magistrate's decision, and denying Hazel's Civ.R. 60(B) motion for relief from judgment.HortonFranklin 1/28/2016 1/28/2016 2016-Ohio-305
Slane v. Hilliard 15AP-493Trial court did not err in granting summary judgment in favor of the City on the basis of statutory immunity. There was no evidence that the malfunctioning pedestrian signal in the intersection where appellant was struck by a vehicle and injured was part of the "public roads" as that term is used in the exception to political subdivision immunity found in R.C. 2744.02(B)(3). Trial court did not err in granting summary judgment in favor of School District where appellant presented no evidence to support the imposition of a legal duty upon the School District with regard to the maintenance or repair of the pedestrian traffic signals at the intersection and where the injury to appellant occurred on a public roadway and not within the grounds of buildings used by the School District in connection with its governmental functions. Judgment affirmed.SadlerFranklin 1/28/2016 1/28/2016 2016-Ohio-306
State v. Peterson 15AP-577Testimony of another occupant of a motor vehicle that defendant was the person who possessed the firearm found by police was sufficient to support a conviction for improper handling of a firearm in a motor vehicle.TyackFranklin 1/28/2016 1/28/2016 2016-Ohio-307
Lawton v. Howard 15AP-747Trial court judge was correct to strike a lien which was not supported by an actual judgmentKlattFranklin 1/28/2016 1/28/2016 2016-Ohio-308