04/06/2017


Case Caption

Case No.Topics and IssuesAuthorDecided
Burnham v. Cleveland Clinic 102038Motion to compel; discovery; attorney-client privilege; SERS report. Judgment affirmed. The trial court did not err in ordering the Cleveland Clinic to provide its SERS report to the plaintiff, who slipped and fell at the Clinic while visiting a family member. There is no indication in the record that the person who completed the SERS report did so in anticipation of litigation or was a risk manager or an employee of the Clinic's Office of General Counsel. Therefore, the Clinic has not satisfied its burden of proof that the SERS report is privileged.Kilbane 4/6/2017
Schneider v. Cuyahoga Cty. Bd. of Commrs. 103647Employees; Engineering; Sanitary; grievance; administrative appeal; administrative remedy; motion to dismiss; summary judgment; exhaust; early retirement; exhaustion of administrative remedies; county administrator. Plaintiffs failed to exhaust their administrative remedies by not filing an administrative appeal from the county administrator's decision. Therefore, the trial court did not err in granting summary judgment in favor of defendant.Gallagher 4/6/2017
State v. Vialva 104199Crim.R. 11, nature of the plea, right to testify, mandatory deportation, consequences, effective assistance of counsel. Absent evidence that defendant was confused or coerced, it is presumed that the defendant understood the nature of the charges against him. Defendant was properly advised that he did not have to testify; the court was not required to advise him that he had the right to testify. Trial court is not required to advised a non-citizen defendant that deportation could be mandatory, only that his convictions may have the consequences of deportation. Even if trial counsel's representation was deficient, defendant failed to show that but for counsel's performance, he would not have pleaded guilty.Keough 4/6/2017
In re K.D.W. 104273Legal custody; magistrate's decision; objections; independent review; abuse of discretion. Trial court abused its discretion in adopting magistrate's decision where magistrate's decision contained no findings of fact or conclusions of law and trial court did not review transcript of the proceedings before adopting the magistrate's decision.Gallagher 4/6/2017
State v. Freeman 104711App.R. 9(C); statement of the proceedings; waiver of jury trial. Judgment affirmed. While the clerk of courts was unable to locate the original verdict forms, the clerk has since filed certified copies of the original verdict forms that are now part of the record in this case. Moreover, the record reflects that the trial court issued a ruling on defendant having a weapon while under disability charge.Kilbane 4/6/2017
Murman v. Univ. Hosps. Health Sys., Inc. 104726Court did not abuse its discretion by imposing sanctions under both Civ.R. 11 and R.C. 2323.51 when competent, credible evidence showed that attorney filed a frivolous motion to vacate a settlement agreement for the sole purpose of trying to coerce the other party into releasing settlement proceeds directly to her and to bypass another attorney with whom she had a fee dispute.Stewart 4/6/2017
Ohio Valley Business Advisors, L.L.C. v. AER Invest. Corp. 104771Contractual capacity; plain error; manifest weight of the evidence. Appellant failed to raise the issue of contractual capacity below and has therefore waived all but plain error on appeal. The appellant, however, fails to acknowledge that it did not raise the argument below, nor does it claim that the error at trial rises to the level of plain error. Thus, we need not address plain error on appeal.Boyle 4/6/2017
State v. Phillips 104806Admission by Party Opponent; Manifest Weight of the Evidence; Ineffective Assistance of Counsel. Trial court did not abuse its discretion in allowing victim to testify that she overheard defendant say that she hit the victim's car because the statement was an admission by a party opponent not subject to hearsay exception; defendant's conviction for felonious assault was not against the manifest weight of the evidence where the victim's testimony that the defendant deliberately hit her car was corroborated by other evidence, and the defendant's version of events was not credible; trial counsel was not ineffective.Keough 4/6/2017
Yidi, L.L.C. v. JHB Hotel, L.L.C. 104856Receiver; Real Property; Three-day Period; R.C. 2735.04(D)(7); Reasonable Time; Highest and Best Offer. Trial court did not abuse its discretion in approving the receiver's request to sell real property to $9.1 million bidder, despite appellants' $9.5 million bid, where appellants' bid was untimely and submitted contrary to the established bidding procedures, and where appellants had been given numerous opportunities to redeem the property but were never able to obtain financing to close the deal. Three-day time period to redeem the property after the sale order was a reasonable time for redemption because appellants had adequate notice and time to redeem the property.Keough 4/6/2017
Doss v. State 104867Manifest weight; competent; credible; wrongful imprisonment; innocent; rape; substantial impairment; voluntary intoxication; consent; sexual activity; knowledge; preponderance of evidence; civil; credible; R.C. 2743.48(A)(5). The trial court's judgment entering judgment in favor of the state and against appellant on his claim for wrongful imprisonment was not against the manifest weight of the evidence. Appellant failed to demonstrate by a preponderance of evidence that he was innocent of criminal behavior.Gallagher 4/6/2017
Bowman v. Downs 104880Civ.R. 12 (C)/motion for judgment on the pleadings. The trial court's granting of appellee's motion for judgment on the pleadings was proper where factual allegations in appellant's complaint did not support that the officer's conduct rose to the level of wanton, willful or reckless.Jones 4/6/2017
In re N.M. 104971R.C. 3109.12; grandparent's complaint for visitation; jurisdiction; pending dependency action; dismissal with prejudice - Juvenile court erred in dismissing grandfather's complaint for visitation with granddaughter, filed pursuant to R.C. 3109.12, with prejudice. Fact that juvenile court had continuing jurisdiction over child in dependency action did not preclude grandfather from filing complaint for visitation with the child in the juvenile court pursuant to R.C. 3109.12.Gallagher 4/6/2017
State v. LaPorta 105029 Conceded error, postrelease control, R.C. 2967.28, R.C. 2929.191 Trial court erred in imposing five years post release control for a second degree felony that was not a sex offense. Defendant was only subject to a mandatory three-year term of postrelease control. Trial court ordered to conduct a notification hearing pursuant to R.C. 2929.191 to remedy the error.Keough 4/6/2017