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| Bell v. Ohio DOT, Case No. 2006-05748-AD,
COURT OF CLAIMS OF OHIO, January 30, 2007, Filed
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Overview: In a driver's claim against Ohio DOT to recover for damages sustained to her vehicle when it struck a dislodged manhole cover laying on the roadway, judgment was rendered for DOT because the driver had not shown that the damage-causing object was connected to any conduct under the control of DOT or that there was any negligence on the part of DOT.
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| Carcorp, Inc. v. Chesrown Oldsmobile-GMC Truck, Inc., No. 06AP-329,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 30, 2007, Rendered
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Overview: It was error to grant summary judgment as to breach of contract because the summary judgment motion did not raise that claim, so the motion's opponent could not respond to that issue. Summary judgment as to promissory estoppel was proper as the parties only agreed to pursue a formal contract, so any reliance on their statements was unreasonable.
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| Franklin v. Bear, Case No. 2006-CA-49,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, RICHLAND COUNTY, January 30, 2007, Date of Judgment Entry
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Overview: Executor's complaint was properly dismissed because of failure of service of process. Tolling provisions of savings statutes could not be used to extend limitation under Civ. R. 3(A). As executor did not appeal previous ruling that owner's participation in action did not waive defense of insufficiency of service of process, issue was res judicata.
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| In re C.C., No. 06AP-777,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 30, 2007, Rendered
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Overview: Evidence showed that agency acted consistently with priorities set forth in R.C. § 2151.412(G) as it considered placing father's daughter with maternal grandmother, who was only relative who came forward during two years of temporary custody, but determined that grandmother was not suitable placement. Agency's efforts were reasonable and diligent.
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| Smith v. Ohio DOT, Case No. 2006-07155-AD,
COURT OF CLAIMS OF OHIO, January 30, 2007, Filed
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Overview: In a driver's suit to recover for damages incurred by reason of the allegedly defective condition of the roadway, judgment was entered for Ohio DOT because an agreement entered between DOT and the city where the roadway in question was located provided that the city, not DOT, was responsible for maintaining the roadway.
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| Spingola v. Stonewall Columbus, Inc., No. 06AP-403,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 30, 2007, Rendered
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Overview: A parade watcher did not prove a security officer or her supervisor defamed him because he did not show their statements were made with actual malice, as the watcher was a limited-purpose public figure, the officer believed the watcher splashed her with gasoline, and the supervisor had no reason to think the officer's statements to him were false.
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| State v. Beam, Case No. 06CAA030018,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, DELAWARE COUNTY, January 30, 2007, Date of Judgment Entry
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Overview: R.C. § 2929.18(A) restitution, for not finishing victims' homes, had to be off set by their mortgage principal reductions, and could not include civil litigation fees, but it could include fees to remove mechanic's liens. It could not include a loss on a home bought awaiting defendant's completion of a home nor upgrades not in defendant's contract.
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| State v. Calderon, No. 05AP-1151,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 30, 2007, Rendered
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Overview: Defendant's murder conviction under R.C. § 2903.02(A) was not against the manifest weight of the evidence. It was reasonable to find that defendant acted purposely, and that his specific intention was to cause the victim's death. Defendant failed to prove by a preponderance of the evidence that he acted in self-defense, under R.C. § 2901.05(A).
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| State v. Cham, Nos. 05AP-1288, 06AP-182,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 30, 2007, Rendered
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Overview: Defendant was not entitled to a new trial, under Crim. R. 33(A), due to admitting dog-sniffing evidence, because technically incorrect testimony that a dog was trained to find narcotics was not prejudicial, the dog alerted to defendant's money used to pay for a crate containing marijuana, not defendant, and other factors made the crate suspicious.
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| State v. Henderson, No. 06AP-645,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 30, 2007, Rendered
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Overview: Defendant's post-Foster sentence was no ex post facto law because he knew his crimes' sentencing range, which Foster did not alter, when committing them. Retroactively applying judicially reconstructed sentencing statutes did not offend R.C. § 2901.04(A)'s lenity rule by imposing the least lenient construction because the statutes were unambiguous.
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