Ohio, December, 2003, State Case law

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State Courts - Ohio - December 19, 2003

Atwater Twp. Trs. v. Keen, CASE NOS. 2003-P-0001, COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, PORTAGE COUNTY, December 19, 2003, Decided
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Overview: Although a town presented evidence that a vehicle appeared to be inoperable, it did not show that the vehicle was extensively damaged; thus, the vehicle was not a "junk motor vehicle" in violation of the town's zoning regulations.

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Bank One, N.A. v. Johnson, C.A. CASE NO. 03CA0039, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, December 19, 2003, Decided
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Overview: A trial court erred in granting an executor's motion to dismiss a creditor's action against a decedent's estate based on res judicata grounds, where a probate court's prior order that the claim was invalid was erroneously made.

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Barber v. McFaul, No. 83448, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, December 19, 2003, Decided
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Overview: Application for a writ of mandamus was dismissed where, inter alia, an inmate failed to plead with sufficient specificity to resolve doubts as to whether mandamus should have issued, and where the inmate failed to file the required affidavits.

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Buschard v. State, APPEAL NO. C-030430, COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, December 19, 2003, Decided
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Byrd v. Midland Ross/Grimes Aerospace, Court of Appeals No. L-03-1078, COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, December 19, 2003, Decided
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Overview: Although a workers' compensation claimant's diagnosis of a lung spot or pinhole scar was not diagnosis of silicosis for timeliness purposes, summary judgment was precluded on his claim because there were questions as to workplace exposure to silica.

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Campbell v. Ohio State Univ. Med. Ctr. - Harding Facility, CASE NO. 2002-10232, COURT OF CLAIMS OF OHIO, December 19, 2003, Filed
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Overview: A mental health in-patient failed to show that the mental health center was negligent or committed medical malpractice, as an altercation between the patient and another patient was not foreseeable and the center acted within its standard of care.

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Carper v. Snodgrass, Court of Appeals No. L-03-1065, COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, December 19, 2003, Decided
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Overview: Denial of mistrial motion in a medical malpractice case was affirmed; although appellants claimed defense counsel's opening argument was prejudicial, the jury was presumed to have followed the trial court's instructions as to counsel's arguments.

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Castrataro v. Urban, Case No. 03-CA-E-06-030, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, DELAWARE COUNTY, December 19, 2003, Date of Judgment Entry
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Overview: Whether a patient's claim against a physician was couched in terms of breach of contract, fraud, or recovery of money, it was a claim for malpractice where there was alleged professional misconduct as the basis of the complaint.

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City of Warren v. Davis, CASE NO. 2003-T-0025, COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, TRUMBULL COUNTY, December 19, 2003, Decided
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Overview: Boyfriend's brother's conviction of criminal damaging when former girlfriend was returning belongings was not against manifest weight of evidence; girlfriend's and companion's story could be found more credible than boyfriend and brother's story.

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City of Xenia v. Diaz, C.A. Case No. 2003-CA-25, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, December 19, 2003, Decided
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Overview: Appeals court reversed and remanded for cash bond post-forfeiture remission hearing; mitigating factors included that immigrant was never released, was transferred to federal custody but held locally, and city could have transported him to trial.

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