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| Kester v. Brakel, No. 06AP-253,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 6, 2007, Rendered
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Overview: A directed verdict under Civ. R. 50(A)(4) was properly granted to a doctor in a patient's medical malpractice action because the patient failed to present expert testimony on the issue of causation. Neither of the patient's experts gave an opinion that any act or omission of the doctor was the proximate cause of the patient's injury.
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| Landers v. Ohio DOT, Case No. 2006-06264-AD,
COURT OF CLAIMS OF OHIO, February 6, 2007, Filed
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Overview: In a driver's claim against Ohio DOT to recover for damages sustained to his vehicle when it struck a large pothole on the berm of the highway, judgment was rendered for DOT because the driver had shown no adequate reason for driving on the berm of the highway. Moreover, the driver failed to show that DOT had notice of the defective condition.
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| Nadra v. Mbah, No. 06AP-829,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 6, 2007, Rendered
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Overview: The trial court erred in granting summary judgment on the mother's 42 U.S.C.S. § 1983 claims. She filed the claims within the four-year statute of limitations, under R.C. § 2305.09(D), and defendants failed to demonstrate their entitlement to qualified immunity. Thus, the burden did not shift to the mother to refute the claim of qualified immunity.
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| Peachock v. Northcoast Behavioral Health Ctr., Case No. 2005-10535,
COURT OF CLAIMS OF OHIO, February 6, 2007, Filed
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Overview: When it was found that a nurse did not prove a doctor employed at a public institution sexually harassed her, she did not prove he acted with malicious purpose, in bad faith, or in a wanton or reckless manner toward the nurse outside the scope of his employment, so he was immune from suit as to these allegations, under R.C. §§ 2743.02(F) and 9.86.
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| Ragland v. Ritenour, Case No. 06CA10,
COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, JACKSON COUNTY, February 6, 2007, Released
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Overview: A judgment awarding an administrator underinsured motorist benefits in a wrongful death suit was not a final appealable order, under Civ. R. 54(B) and R.C. § 2505.02, because no order showed that claims against a motorist, with whom the administrator had settled, were dismissed, and the trial court's judgment did not find no just reason for delay.
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| Russell v. City of Dublin Planning & Zoning Comm'n, No. 06AP-492,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 6, 2007, Rendered
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Overview: Under R.C. § 2505.04, the failure to include a city in a notice of a properly perfected appeal of a municipal zoning commission's decision did not require dismissal, without giving notice and a chance to amend the notice of appeal, because the city had actual notice and any step required after the appeal was perfected did not affect jurisdiction.
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| Smith v. State Highway Patrol, Case No. 2006-02625-AD,
COURT OF CLAIMS OF OHIO, February 6, 2007, Filed
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Overview: The owner of an all terrain vehicle which was seized and legally held, under R.C. § 5503.02(D)(1), as evidence in a felony investigation, was not liable for resulting towing and storage fees because the contemplated felony charge was never filed, and the Ohio State Highway Patrol was liable for the fees because it ordered that the vehicle be held.
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| State v. Angulo, Case Nos. CT06-0058, CT06-0059,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, MUSKINGUM COUNTY, February 6, 2007, Date of Judgment Entry
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Overview: When defendant, upon pleading guilty to violating the terms of her intervention in lieu of conviction, granted for drug possession, because she was convicted of aggravated drug trafficking, was sentenced to consecutive sentences of one year and ten years, her sentence was within the statutory ranges in R.C. § 2929.14(A), so it was not erroneous.
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| State v. Ivery, No. 06AP-32,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 6, 2007, Rendered
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Overview: Insufficient evidence supported obstructing official business conviction under R.C. § 2921.31. Evidence did not show that defendant's conduct, yelling at officers and moving toward them demanding their badge numbers, was done with purpose to obstruct performance of officers' duty; instead, evidence showed that defendant wanted to identify officers.
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| State v. Lowe, No. 06AP-673,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 6, 2007, Rendered
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Overview: Defendant was not afforded ineffective assistance of counsel by counsel's failure to raise an objection pursuant to Blakely v. Washington at defendant's sentencing hearing. Since defendant was sentenced after State v. Foster, there were no Blakely implications; thus, defense counsel was not ineffective in failing to raise Blakely during sentencing.
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