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| Adkins v. Chief Supermarket, CASE NUMBER 11-06-07,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, PAULDING COUNTY, February 26, 2007, Date of Judgment Entry
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Overview: Business invitee's suit to recover from a store for injuries sustained when she allegedly tripped on rug as she was leaving store was properly dismissed on summary judgment because the invitee had not shown that rug was "bunched up," that she had tripped on the rug itself, or that the store negligently allowed the unsafe condition on its premises.
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| Bla-Con Indus. v. Miami Univ., CASE NO. CA2006-06-127,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, BUTLER COUNTY, February 26, 2007, Decided
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Overview: A court of common pleas did not have jurisdiction over a contractor's complaint against a state university for breach of contract and quantum meruit because the Ohio Court of Claims had exclusive original jurisdiction over a contractor's suit against the state for money damages, pursuant to R.C. § 2743.01 et seq. and R.C. § 153.12(B).
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| Curtis v. DOT, Case No. 2006-06965-AD,
COURT OF CLAIMS OF OHIO, February 26, 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 hit a pothole, judgment was rendered for DOT because the driver had not shown that DOT had actual or constructive notice of the pothole, and she did not show that DOT maintained its highways negligently or that DOT's acts caused the defective condition.
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| Dworetsky v. Fry, CASE NUMBER 8-06-19,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, LOGAN COUNTY, February 26, 2007, Date of Judgment Entry
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Overview: When a transferor sold a decedent realty for less than market value, the transferor was not entitled to have the deed to the realty reformed to grant the transferor a life estate, because he did not show by clear and convincing evidence that the deed's failure to include such a provision was a mutual mistake between the decedent and the transferor.
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| Freeman v. S. Ohio Corr. Facility, Case No. 2006-06949-AD,
COURT OF CLAIMS OF OHIO, February 26, 2007, Filed
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Overview: Judgment was rendered in favor of correctional facility in inmate's suit against facility to recover value of property stolen, alleging that officer facilitated theft of his property, because inmate had failed to prove, by preponderance of the evidence, that his property was stolen as a result of a negligent act or omission on part of institution.
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| In re Atkinson, C. A. No. 06CA0041,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, WAYNE COUNTY, February 26, 2007, Decided
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Overview: A motion to vacate an order approving a final guardianship accounting alleged reasons other than fraud, so it did not have to be filed within one year of the order, under Civ. R. 60(B), and, under R.C. § 2109.35(B), it was filed within three years of the order so the guardian and his surety could be liable as a result of the vacation of the order.
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| In re Johnston, CASE NO. 06CA48,
COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, ATHENS COUNTY, February 26, 2007, Date Journalized
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Overview: Grant of permanent custody of mother's child to agency was in child's best interest under R.C. § 2151.414(D). Child had strong bond with foster family while she did not share strong bond with mother, and child, who had been in agency's custody for over two years, needed permanent home, which mother could not provide due to her mental health issues.
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| In re Malone, CASE NUMBER 9-06-28, CASE NUMBER 9-06-29,
COURT OF APPEALS OF OHIO, THIRD APPELLATE DISTRICT, MARION COUNTY, February 26, 2007, Date of Judgment Entries
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Overview: The trial court erred as it failed to address the issue of adjudication and make a finding as to whether or not the children were abused, neglected, or dependent prior to granting permanent care and custody of the children to the agency. The agency lacked standing as it had not been granted temporary custody as required by R.C. § 2151.413(A).
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| Kinback v. Herstine, Case No. 2006 CA 00078,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 26, 2007, Date of Judgment Entry
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Overview: When, in a personal injury case, alleged injured parties agreed to accept insurance policy limits if a jury found a motorist's negligence was more than 50 percent, as a condition for letting the motorist withdraw a stipulation, and the jury found each party 50 percent negligent, the alleged injured parties could not try to enforce the stipulation.
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