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| Kane v. O'Day, C. A. No. 23225,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, February 21, 2007, Decided
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Overview: Driver was not entitled to a setoff as it could not be determined that the truck driver was liable in tort, under former R.C. § 2307.32. The driver could not rely on the settlement between the passenger and the truck driver without proving that the truck driver was liable in tort and he expressly denied liability in the settlement agreement.
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| Preferred Capital, Inc. v. Ferris Bros., Inc., No. 2006-0034,
SUPREME COURT OF OHIO, February 21, 2007, Decided
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| Preferred Capital, Inc. v. Wheaton Trenching, Inc., No. 2006-0912,
SUPREME COURT OF OHIO, February 21, 2007, Decided
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| Rezac v. Cuyahoga Falls Concerts, Inc., C. A. No. 23313,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, February 21, 2007, Decided
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Overview: Invitee's suit to recover for injuries sustained when she stepped off lighted path on owner's property and fell into ravine was properly dismissed on summary judgment. When invitee crossed into darkness, she disregarded open and obvious hazard of darkness at her own peril, and owner owed invitee no obligation to warn or protect against such hazard.
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| State v. Fitzgerald, C. A. No. 23072,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, February 21, 2007, Decided
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Overview: Sufficient evidence supported defendant's conspiracy convictions when a party to the conspiracy did not intend to execute the crime because both parties did not have to so intend. Admitting a transcript of a recording of defendant's conversation with a confidential informant did not offend Evid. R. 1002 or 1003 because the recording was admitted.
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| State v. Sims, C. A. No. 23232,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY, February 21, 2007, Decided
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Overview: When defendant's counsel was from his co-defendant's counsel's firm, he did not receive ineffective assistance, under Ohio Const. art. I, § 10, because (1) he waived any conflict, and (2) no conflict existed as their defenses were not antagonistic nor did they implicate each other, and he stated no defense counsel did not pursue due to a conflict.
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