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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Calvary Industries, Inc. v. Coral Chem. Co. CA2016-12-233The trial court erred by not addressing the pertinent rules before dismissing the case, such as whether appellants request meets the criteria for a proper declaratory judgment action, and did not address the various factors regarding forum non conveniens so that this court could not perform a proper review.PiperButler 8/21/2017 8/21/2017 2017-Ohio-7279
State v. Kuykendall CA2017-01-006Trial court did not err in imposing a 36-month prison sentence for gross sexual imposition as the presumption of a prison sentence pursuant to R.C. 2907.05(C)(2) had not been rebutted, the sentence was supported by the record, and the sentence was not clearly and convincingly contrary to law. HendricksonButler 8/21/2017 8/21/2017 2017-Ohio-7280
Kirk Bros. Co., Inc. v. Trucraft Constr., L.L.C. CA2016-12-021Village appeals denial of immunity under the political subdivision tort liability act where public works project subcontractor sued village to enforce its mechanic's lien and for attorney fees. Subcontractor's right to sue was statutory and was not a tort claim subject to the political subdivision tort liability act.PiperClinton 8/21/2017 8/21/2017 2017-Ohio-7281
Dunning v. Varnau CA2016-09-017, CA2016-10-018The trial court properly ordered the permanent injunction enjoining appellant from investigating the inmate's cause of death where appellant marked homicide by strangulation as the method of death, and more than six months had passed since the inmate's death.PiperBrown 8/14/2017 8/14/2017 2017-Ohio-7207
State v. Powih CA2016-11-023Trial court did not abuse its discretion in admitting other acts evidence to prove the absence of mistake and appellant's motive, intent, and plan of targeting and sexually assaulting female nursing aides in their mid-20s who were isolated in elderly patients' rooms. Trial court erred by failing to merge appellant's convictions for rape and abduction as allied offenses where the offenses were committed with the same animus, were not committed separately, and were similar in import.HendricksonBrown 8/14/2017 8/14/2017 2017-Ohio-7208
State v. Yanez CA2016-10-190The trial court properly entered the jury's guilty verdict for felonious assault where appellant did not prove by a preponderance of the evidence that he stabbed the victim in self-defense because the victim testified that appellant stabbed him while trying to steal his wallet. Nor did the prosecutor engage in misconduct where the questions and statements from the state were offered to prove the lack of appellant's credibility.PiperButler 8/14/2017 8/14/2017 2017-Ohio-7209
State v. Gregory CA2017-02-019Anders no error.Per CuriamButler 8/14/2017 8/14/2017 2017-Ohio-7210
Young v. Eagle CA2016-09-063A child injured on tricycle assumed the risks inherent in tricycle riding and therefore could not establish tricycle owner's liability unless she could prove that the owner acted recklessly or intentionally towards her. The court refused to apply the attractive nuisance doctrine because the child was not a trespasser. However, the result would not have changed if the court had applied the doctrine because the child was entitled to the same standard of care regardless of her status as a trespasser or invitee.M. PowellClermont 8/14/2017 8/14/2017 2017-Ohio-7211
State v. Cartwright CA2016-11-018Trial court did not err in ordering defendant to pay restitution to the state of Ohio for the costs of cleaning up his property and abating a rat infestation following his conviction for open dumping.M. PowellFayette 8/14/2017 8/14/2017 2017-Ohio-7212
Sterling Constr., Inc. v. Alkire CA2016-12-032The trial court's decision finding appellee had not violated the consumer sales protection act regarding claims requiring authorization from a consumer to expenses exceeding ten percent of the original estimate was not against the manifest weight of the evidence where appellant had not requested an original estimate, thereby making any violation of that claim impossible. In addition, the trial court did not abuse its discretion by denying appellant's request for attorney fees where the record indicated he suffered no actual economic damages resulting from appellee's violation of the consumer sales practices act and where appellant received a windfall based on the work that appellee completed on his house.S. PowellMadison 8/14/2017 8/14/2017 2017-Ohio-7213