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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State ex rel. Escajadillo v. Koch Foods of Cincinnati, L.L.C. 14AP-267The magistrate correctly determined that Escajadillo is not entitled to the requested writ of mandamus as there is some evidence in the record to support the commission's denial of Escajadillo's TTD compensation requests for the periods beginning April 5, 2011 and August 22, 2012. Moreover, having found some evidence supporting the finding that Escajadillo abandoned the workforce, we need not address the alternative reason provided by the commission for the denial of TTD compensation beginning August 22, 2012.Luper SchusterFranklin 3/31/2015 3/31/2015 2015-Ohio-1226
State ex rel. Wallace v. Mausser 14AP-274The court grants respondents' motion to dismiss relator's writ of mandamus requesting the court order a new parole hearing. Relator failed to state a claim upon which relief can be granted. Complaint dismissed. DorrianFranklin 3/31/2015 3/31/2015 2015-Ohio-1227
State ex rel. Vaught v. Indus. Comm. 14AP-377Relator's objection to magistrate's decision is sustained and writ of mandamus is granted, ordering Industrial Commission of Ohio to vacate denial of temporary total disability compensation and to grant relator's motion for same. Without evidence of a written "no call/no show" policy, termination of relator's employment for failure to contact employer after industrial injury did not constitute voluntary abandonment precluding temporary total disability compensation.BrunnerFranklin 3/31/2015 3/31/2015 2015-Ohio-1228
Pohmer v. JPMorgan Chase Bank, N.A. 14AP-429The trial court erred in granting JPMC's motion for summary judgment with respect to Pohmer's claims for unjust enrichment and quantum meruit, but the trial court did not err in granting JPMC's motion for summary judgment with respect to the reverse race discrimination and whistleblower claims. Additionally, the trial court did not abuse its discretion in denying in part Pohmer's motion to compel discovery. Luper SchusterFranklin 3/31/2015 3/31/2015 2015-Ohio-1229
Wesbanco Bank, Inc. v. Ettayem 14AP-452, 14AP-455The trial court did not err in granting plantiff summary judgment on its action for a creditor's bill against a judgment debtor and the lessee of property owned by the judgment debtor.KlattFranklin 3/31/2015 3/31/2015 2015-Ohio-1230
State v. Oteng 14AP-466In an appeal from his conviction for murder, appellant sets forth ten assignments of error alleging that the trial court erred as follows: failing to appoint a foreign language interpreter; admitting evidence of search warrants issued by the court during the police investigation of the murder; refusing to grant a mistrial when one of the state's witnesses made an unsolicited reference to appellant's incarceration during cross-examination; refusing to grant a mistrial when the prosecutor repeatedly used leading questions when examining the state's witnesses; admitting hearsay statements under the excited utterance exception to the hearsay rule; admitting evidence of appellant's prior bad acts; improperly instructing the jury on causation; and permitting the prosecutor to make improper and unfairly prejudicial remarks in closing argument. Appellant also alleges that his conviction is not supported by sufficient evidence and is against the manifest weight of the evidence and that his trial counsel provided ineffective assistance. Each assignment of error is without merit and overruled. Judgment affirmed.SadlerFranklin 3/31/2015 3/31/2015 2015-Ohio-1231
Clemons v. Nelson Fin. Group, Inc. 14AP-537The trial court did not err in granting summary judgment on plaintiff's claims for breach of contract, fraud, misrepresentation, and civil conspiracy because the evidence before the court did not support those claims. The trial court also did not err in (1) concluding that the economic-loss rule barred plaintiffs' negligence claim or (2) limiting plaintiffs' claim for breach of fiduciary duty on statute-of-limitations grounds.KlattFranklin 3/31/2015 3/31/2015 2015-Ohio-1232
Eddington v. Eddington 14AP-572The trial court did not abuse its discretion in calculating the monthly spousal support award, in calculating the arrearage owed by appellant, or in refusing to discount appellant's interest in his company. Judgment affirmed.BrunnerFranklin 3/31/2015 3/31/2015 2015-Ohio-1233
State v. Mohammad 14AP-662, 14AP-871Possession of bath salts had not been criminalized at the time alleged in the indictment.TyackFranklin 3/31/2015 3/31/2015 2015-Ohio-1234
Smallwood v. MCL, Inc. 14AP-664The trial court did not err in concluding that a business owner owed no duty to warn an invitee about the risks of chasing after a thief or to stop the invitee from pursuing the thief.KlattFranklin 3/31/2015 3/31/2015 2015-Ohio-1235