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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Poole v. Ohio State Univ. Wexner Med. Ctr. 2016-00733JDAssault and Battery- Plaintiffs, a mother and daughter, sought recovery for injuries allegedly resulting from a physical altercation with hospital security guards which occurred after the mother sought treatment at Defendant’s emergency room. The magistrate found plaintiffs’ testimony regarding the incident and their claimed injuries lacked credibility and that hospital security staff used reasonable and non-excessive force after plaintiffs initiated the altercation and refused to leave the emergency room. As such, hospital security staff were privileged in using reasonable force to control the situation. The magistrate recommended judgment for Defendant.Renick  5/30/2018 6/12/2018 2018-Ohio-2277
Turner v. Univ. of Cincinnati 2016-00769JDSummary judgment; Civ.R. 56. The court found that the driver of the car in an accident was not an employee of defendant and there was not a principal-agent relationship between defendant and the driver. Further, the court determined that judicial restraint cautioned against issuing a premature ruling on a potential declaratory judgment claim relative to defendant’s automobile liability coverage agreement. Summary judgment granted in favor of defendant.McGrath  5/30/2018 6/13/2018 2018-Ohio-2287
Harris v. Dept. of Rehab. & Corr. 2016-00883JDNegligence- Plaintiff, an inmate in Defendant’s custody, fell and sustained broken ribs while pushing a rack filled with pans of food after the rack got caught on a recessed floor drain. The magistrate, after finding the 2-inch rule did not apply, found that Defendant nonetheless lacked notice regarding the floor drain’s condition and recommended judgment for Defendant.Van Schoyck  5/23/2018 6/12/2018 2018-Ohio-2276
Fraley v. Dept. of Rehab. & Corr. 2016-00709JDInmate; negligence; premises liability; bifurcated; liability. The magistrate determined that plaintiff failed to establish how or why the handrail broke, how or why plaintiff ended up on the landing of the stairwell, that the handrail was defective, that defendant had notice, actual or constructive, of the defective handrail, and that the alleged defect proximately caused plaintiff’s fall. Judgment recommended in favor of defendant.Peterson  5/18/2018 6/13/2018 2018-Ohio-2288
Johnson v. Cleveland Police Dept. 2018-00569PQCore Terms: public record; court of claims; R.C. 2743.75; R.C. 149.43; sui juris; inmate; R.C. 149.43(B)(8). Overview: Inmate sought investigatory records from his criminal prosecution. Respondent argued that as a police department it was not sui juris in this court. The special master recommended that the court find that R.C. 2743.75 and R.C. 149.43 make every public office sui juris for enforcement of violation of R.C. 149.43(B). The special master further recommended that the court find requester had not provided respondent with the judicial finding required from inmates under R.C. 149.43(B)(8) and that respondent had properly denied his public records request for criminal investigatory records.Clark  4/30/2018 5/4/2018 2018-Ohio-1715
Naymik v. Northeast Ohio Areawide Coordinating Agency 2017-00919PQCore Terms: public record; court of claims; R.C. 2743.75; R.C. 149.43; trade secret. Overview: Requester sought data, statistics and maps prepared by regional planning organization for inclusion in a bid to host a second national headquarters for Amazon, Inc. Respondent argued that the records were trade secret in their entirety. The special master recommended the court find that no part of the records were trade secret.Clark  4/27/2018 5/4/2018 2018-Ohio-1718
Williams v. Dept. of Rehab. & Corr. 2016-00125JDInmate; trial; wrongful death; survivorship; bifurcated. The magistrate determined that defendant did not have sufficient notice, actual or constructive, to be liable for the fatal injuries that plaintiff's decedent sustained. Further, there was no credible evidence that the inmate that stabbed plaintiff's decedent ever threatened to harm plaintiff's decedent. Judgment recommended in favor of defendant.Van Schoyck  4/27/2018 5/4/2018 2018-Ohio-1721
Rhoades v. Univ. of Toledo Med. Ctr. 2018-00030JDImmunity Determination; Medical Malpractice, R.C. 9.86- Plaintiff moved for an immunity determination based on stipulated facts after a physician asserted immunity as an affirmative defense in a connected common pleas case. The parties stipulated and agreed that the physician acted as a community-based volunteer, that he was not an officer or employee of the University, and that he was not entitled to personal immunity under R.C. 9.86. As such, the court held the courts of common pleas have jurisdiction over any claims arising from the physician's provision of surgery and medical care to the plaintiff.McGrath  4/18/2018 5/8/2018 2018-Ohio-1804
Parks v. Webb 2017-00995PQCore Terms: public record; court of claims; R.C. 2743.75; R.C. 149.43; R.C. 9.01; format; metadata. Overview: Requester sought draft meeting minutes in the format they were kept at the time of the request. Respondent stated it had no duty to provide a document that could be edited, and produced the record in PDF format that was both less functional and contained less or different metadata. The special master recommended that the court order respondent to provide the record in the format in which it was kept. Outcome: The court determined that there was no error of law or other defect evident on the face of the special master's decision. The court adopted the special master's report and recommendation as its own, including findings of fact and conclusions of law contained therein.McGrath  4/17/2018 5/4/2018 2018-Ohio-1716
Chernin v. Geauga Park Dist. 2017-00922PQCore Terms: public record; court of claims; R.C. 2743.75; R.C. 149.43; R.C. 149.011(G); non-record; constituent; actual use. Overview: Requester sought letter used by park district board member to convey a constituent's opinions as well as support board limits on public participation at meetings. Respondent argued the letter was not shared with other members and therefore was not a "record." The special master found that the board member had made actual use of the letter to carry out and document the board's responsibilities, and it therefore met the definition of a record. Outcome: The court determined that there was no error of law or other defect evident on the face of the special master's decision. The court adopted the special master's report and recommendation as its own, including findings of fact and conclusions of law contained therein.McGrath  4/17/2018 5/4/2018 2018-Ohio-1717
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