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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Zidron v. Metts 15AP-1049Judgment affirmed. Because the evidence demonstrated that the doctor was not engaged in clinical teaching when she rendered treatment to the plaintiff-patient, the doctor was acting manifestly outside the scope of her State employment and was therefore not entitled to personal immunity under R.C. 9.86 and R.C. 2743.02(F). The Court of Claims did not shift the burden of proof to the doctor.BrunnerFranklin 3/28/2017 3/28/2017 2017-Ohio-1118
State ex rel. Penske Truck Leasing Co., L.P. v. Indus. Comm. 15AP-223Writ of mandamus granted ordering Industrial Commission to vacate order allocating award among three industrial claims and to enter an amended order with respect to allocation of PTD award.BrownFranklin 3/28/2017 3/28/2017 2017-Ohio-1119
State v. P.P. 16AP-42Trial court did not err in denying appellant's motion to withdraw guilty plea.BrownFranklin 3/28/2017 3/28/2017 2017-Ohio-1120
State v. Jones 16AP-128Decision of trial court denying appellant's petition to vacate or set aside judgment of conviction affirmed.BrownFranklin 3/28/2017 3/28/2017 2017-Ohio-1121
State v. Houston 16AP-157Disorderly conduct as set forth in R.C. 2917.11(A)(1) is a lesser-included offense of domestic violence as set forth in R.C. 2919.25(A). However, the trial court did not abuse its discretion in failing to instruct because on the facts of the case. Construing the facts in favor of the defendant, the jury could not have reasonably concluded that the defendant did not commit domestic violence. Judgment affirmed.BrunnerFranklin 3/28/2017 3/28/2017 2017-Ohio-1122
Rooney v. Ohio State Hwy. Patrol 16AP-204A wrongful death claim in the Ohio Court of Claims for negligence by the Ohio State Highway Patrol for not dispatching a patrol car at the request of a local police dispatcher, does not overcome the state's R.C. 2743.02(A)(3)(a) immunity on a Civ. R. 12(B)(6) motion to dismiss when the complaint lacks sufficient facts to establish the four elements required to create a special duty between the Patrol and the decedent who was hit by an intoxicated driver whose visibly dangerous driving had been called in for police intervention prior to the accident. Judgment affirmed.BrunnerFranklin 3/28/2017 3/28/2017 2017-Ohio-1123
Martin v. Ohio Dept. of Rehab. & Corr. 16AP-585Applying the concept of notice pleading liberally, an inmate stated a claim for relief. As a result, his lawsuit may continue.TyackFranklin 3/28/2017 3/28/2017 2017-Ohio-1124
OhioHealth Corp. v. Neal 16AP-606Judgment affirmed. Appellant cannot demonstrate that he has a meritorious defense and, as such, the trial court did not abuse its discretion in denying appellant's motion for relief from judgment.HortonFranklin 3/28/2017 3/28/2017 2017-Ohio-1125
State v. D.L.B. 16AP-632Judgment affirmed. Appellant's conviction for nonsupport of dependents was supported by sufficient evidence, and was not against the manifest weight of the evidence. In addition, the evidence supports the jury's determination that appellant failed to meet the requirements of R.C. 2919.21(D), and therefore rejected his affirmative defense argument.HortonFranklin 3/28/2017 3/28/2017 2017-Ohio-1126
State v. Petty 15AP-950This court affirmed appellant's convictions of rape and importuning but remanded for resentencing because the trial court failed to make the requisite findings under R.C. 2929.14(C) at the sentencing hearing.BrownFranklin 3/23/2017 3/23/2017 2017-Ohio-1062