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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Mack v. Ohio Dept. of Rehab. & Corr. 2014-00317Inmate; bifurcated; negligence; notice. The magistrate determined that ODRC had no notice, constructive or actual, from which it knew or should have known that an attack by another inmate on plaintiff was impending. Further, the Correction Officer's response to the attack was reasonable and plaintiff failed to show that the responders to the attack breached their duty of care toward plaintiff. Judgment recommended in favor of defendant.Van Schoyck  3/24/2016 5/9/2016 2016-Ohio-2877
Great W. Cas. Co. v. Ohio Bur. of Workers' Comp. 2013-00205Reversed; remanded; summary judgment; Civ.R. 56(C); unjust enrichment; quasi-contract; indemnity; statutory credit/reimbursement. The court determined that Great West in good faith paid benefits to injured worker while the proper situs for workers' compensation coverage was being determined, and Great West should not be forced to pay a portion of the commission's now acknowledged debt to injured worker merely because it was unclear immediately following the injury who would be responsible for compensating him. Plaintiff's motion for summary judgment was granted on its unjust enrichment claim in the amount of $22,758.80.McGrath  3/21/2016 5/9/2016 2016-Ohio-2876
Hand v. Ohio Dept. of Rehab. & Corr. 2011-07192Negligence; Civ.R. 53(D)(3)(b)(1), objections to a magistrate's decision. Plaintiff filed objections to a magistrate's decision recommending judgment in defendant's favor. The court found ample evidence that defendant was aware of ongoing clutch issues with the tractor, which caused the tractor to jerk forward, rocking the driver back in his seat. Plaintiff's particular injury, a broken hip, might not have been expected by defendant, but it was reasonably foreseeable that the jerking motion could cause the driver to lose control, resulting in an accident and injury. In failing to properly repair the clutch, the court found that defendant violated its duty of ordinary and reasonable care to plaintiff. Consequently, the court sustained plaintiff's first, second, third, sixth, seventh, eighth, and ninth objections. The court overruled plaintiff's fourth objection because plaintiff mischaracterized the magistrate's finding related to the proximate cause of his injury. Lastly, the court overruled plaintiff's fifth objection because the doctrine of res ipsa loquitor did not apply to the situation. In sum, the court found that the magistrate properly determined the factual issues and modified the magistrate's decision and recommendation consistent with its decision.McGrath  3/11/2016 5/5/2016 2016-Ohio-2850
Fife v. Dept. of Rehab. & Corr. 2015-00523Summary judgment; Civ.R. 56(B); inmate; excessive force; assault; negligence. The court concluded that defendant's officers had the lawful authority and privilege to use such force as may have reasonably appeared necessary under the circumstances to both control or subdue plaintiff and prevent harm to others and themselves. Further, the court determined that the degree of force used during the incident was justified and privileged, and satisfied the duty of reasonable care. Defendant's motion for summary judgment granted and judgment rendered in favor of defendant.McGrath  2/24/2016 3/25/2016 2016-Ohio-1279
Hilbert v. Ohio Dept. of Transp. 2015-00020FMLA; disability discrimination; retaliation. Plaintiff brought an action alleging disability discrimination and retaliation pursuant to R.C. 4112.02 and violation of his rights under the FMLA. The court found that plaintiff's position required a Class A CDL. He was also informed that suspension of his CDL could result in termination well before he requested FMLA leave. As such, there was no causal connection between plaintiff's FMLA request and his termination. With regard to plaintiff's alleged disability, the court found that plaintiff's alleged alcoholism did not constitute a disability under the ADAA. Furthermore, the evidence presented did not support an inference that plaintiff was removed from his position, at least in part, because of the alcoholism. Instead, he was terminated for failure to maintain a Class A CDL. Accordingly, the court granted defendant's motion for summary judgment.McGrath  2/24/2016 3/24/2016 2016-Ohio-1256
Nelson v. Univ. of Cincinnati 2014-00830Race discrimination; gender discrimination; R.C. 4112.02. First, the court found that plaintiff did not establish that comparable nonprotected persons were treated more favorably for both his race and gender claim. Second, defendant articulated a legitimate, nondiscriminatory reason for terminating plaintiff, specifically that plaintiff made an unauthorized telephone call to the Vice Chancellor for Finance at the Ohio Board of Regents. Third, the court determined that the call was unauthorized and inappropriate, regardless of the content of the call or whether information was conveyed correctly. Plaintiff failed to show that defendant's articulated reason for his termination was pretext. Judgment in favor of defendant.Crawford  2/22/2016 3/25/2016 2016-Ohio-1278
Hartman v. Ohio Dept. of Transp. 2014-00790FMLA; disability discrimination; retaliation. Plaintiff brought the action alleging disability discrimination and relation pursuant to R.C. 4112.02 and violation of his rights under the FMLA. The court found that plaintiff entered into a last chance agreement with defendant as a result of incidents that occurred well before plaintiff first submitted his FMLA leave request. Furthermore, when plaintiff signed the agreement, he understood that any violation of work rules could result in termination. Plaintiff was ultimately terminated as a result of a motor vehicle accident. Construing the evidence most strongly in plaintiff's favor, the only reasonable conclusion was that there was no causal connection between the FMLA request and the termination decision. With regard to the disability discrimination claim, plaintiff admitted that the accident, which resulted in his termination and was a violation of the last chance agreement, was not attributable to hearing loss or any other health concern. Lastly, the court found that plaintiff's first attempt to file an EEOC action was not until the final incident that led to the last chance agreement. Consequently, the court granted defendant's motion for summary judgment.McGrath  2/19/2016 3/24/2016 2016-Ohio-1254
Lloyd v. Ohio Dept. of Rehab. & Corr. 2014-00844Negligence. Plaintiff, an inmate in defendant's custody and control, brought an action for negligence arising from an accident in which he was injured while adjusting a window in his dormitory. The magistrate found that plaintiff's dormitory floor had older-style windows and many of those windows would not stay in a raised position on their own. Inmates would often prop open the window utilizing a hook and string system that involved removing the nylon drawstring from a state-issued laundry bag, removing a metal hook from the spring frame of a bunk bed, and tying the hook to one end of the string. The other end of the string would then be fastened to the top of the window frame and then the hook would be fastened to the bottom of window to the hold the window up. The magistrate found that the danger presented by the window and the hook and string system were open and obvious conditions. The window was heavy and would not stay up on its own, and the danger associated with putting one's hand under the window was plainly apparent. As a result, the magistrate found that defendant owed plaintiff no duty relative to the hazardous conditions upon which he was injured and the sole proximate cause of plaintiff's injuries was his own negligence. As a result, the magistrate recommended judgment in defendant's favor.Van Schoyck  2/18/2016 3/24/2016 2016-Ohio-1255
Groves v. Ohio Dept. of Rehab. & Corr. 2015-00309-ADCourt found that plaintiff failed to state a cause of action based upon ODRC's decision to place restrictions on the purchase of nail clippers by inmates in certain security levels. Further, the court lacked jurisdiction over alleged violations of plaintiff's constitutional rights. Finally, plaintiff failed to prove that his toe nail infection was caused by the use of communal nail clippers. Judgment in favor of defendant.Borchert  2/18/2016 3/18/2016 2016-Ohio-1106
Parkey v. Youngstown Dev. Ctr. 2015-00833-ADPlaintiff filed a complaint against defendant alleging that defendant's client assaulted her in the Eastwood Mall parking lot in Niles, Trumbull County, Ohio. Defendant agreed to reimburse plaintiff for her glasses, which were damaged because of the assault. However, the clerk found that defendant should also be held responsible for the emergency medical treatment she obtained as a result of the assault. Lastly, the clerk reduced her compensable damages by the insurance amount available to her, and awarded her $417.55 plus the $25 filing fee.Reed  2/18/2016 3/30/2016 2016-Ohio-1342
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