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| Bartchy v. State Bd. of Educ., No. 06AP-697,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 25, 2007, Rendered
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Overview: A denial of a petition to transfer property to another school district was not adequately supported, under R.C. § 119.12, because (1) the lack of a public school attendee in the proposed transfer area was not a lack of evidence for of a transfer, and (2) no evidence supported a finding that the transfer would harm the relinquishing school district.
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| Baus v. Lowe, No. 87765,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 25, 2007, Released
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Overview: A grant of summary judgment to a corporate property owner was proper in a multi-tort action on behalf of a decedent who was killed when she was hit by a boat while standing in water off the owner's property, as the owner had no obligation to regulate the boating under R.C. § 1547.07, and it had no corporate liability as a joint tortfeasor.
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| Brashear v. Liebert Corp., No. 06AP-252,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 25, 2007, Rendered
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Overview: Trial court properly granted a directed verdict to a shipper in an action by an executor of a deceased truck driver, as there was not sufficient evidence for reasonable minds to have found that the shipper's employees had loaded the driver's truck negligently and that such negligence was a latent and concealed defect that the driver could not see.
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| Britford v. Pickaway Corr. Inst., Case No. 2006-05055-AD,
COURT OF CLAIMS OF OHIO, January 25, 2007, Filed
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Overview: Since an inmate had proven negligence on the part of a correctional institution in losing his property during the inmate's transfer to a hospital, the institution was liable to the inmate for the value of the property lost. However, the inmate could not recover for mental anguish for the loss or destruction of his property.
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| Buck v. Ohio DOT, Case No. 2006-06035-AD,
COURT OF CLAIMS OF OHIO, January 25, 2007, Filed
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Overview: In a driver's claim against Ohio DOT to recover for damages sustained to his motorcycle when it drove over uneven pavement, judgment was rendered for DOT because the driver had failed to prove that DOT breached a duty owed to the driver or that the driver's injury was proximately caused by DOT's negligence.
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| City of Cleveland v. Colon, No. 87824,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 25, 2007, Released
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Overview: Defendant's right to confrontation was not violated as the admitted statements were excited utterances, under Evid. R. 803(2), and non-testimonial in nature. The victim was still under the excitement of a startling event in which she personally was assaulted and the statements were intended to help apprehend the alleged perpetrator of the crime.
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| Collins v. Collins, No. 87986,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 25, 2007, Released
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Overview: The trial court did not err by appointing a receiver for the corporation's assets and property, under R.C. § 2735.01. It properly found that the equal shareholders' allegations of conversion and misuse of corporate assets created a deadlock which made normal operation of the corporation during the pendency of the proceedings impractical.
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| Hutsell v. Allstate Ins. Co., No. 87878,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 25, 2007, Released
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Overview: The closing argument comments by the insured's counsel, stating that the insurer had the right to send the insured to a doctor of its choosing but failed to do so, did not warrant a reversal of the jury's decision. The jury's $ 9,000 award for soft tissue injuries was not excessive and was logically based on sound and credible evidence.
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| In re A.W., CASE NO. CA2006-09-210,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, BUTLER COUNTY, January 25, 2007, Decided
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Overview: Permanent custody of father's children was properly granted to children services board under R.C. § 2151.414 as children had been in board's temporary custody for more than 12 months of relevant 22-month time period; thus, finding that the children could not or should not be placed with their father within reasonable period of time was unnecessary.
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