Results

Bozich v. Kozusko

Plaintiffs appealed decision enforcing arbitration agreement; trial court decision compelling arbitration affirmed.

Lisko v. Sharon Slag Inc.

Affirming summary judgment in favor of property owner who was not liable for injuries under attractive nuisance doctrine where trespassing child was injured after falling from landowner's dam.

Anthony v. Andrews

Reversing sanctions issued against Defendant physician for failure to proceed in good faith at mediation conference since privileged communications should not have been disclosed in mediator's report.

Click v. Georgopoulos

Affirming summary judgment in favor of Defendant in wrongful death suit because Plaintiff failed to produce an expert witness demonstrating negligence.

Markel Ins. Co. of Canada v. Ali

Affirming summary judgment in favor of Defendant where Plaintiff failed to establish evidence of Defendant's negligence where freight liners collided with one another.

Johnson v. Watson

Affirming denial of Plaintiffs motion in limine to exclude evidence regarding safety procedures where Plaintiff, a sanitation worker, was struck by a car while on the job.

Coleman v. Beachwood

Affirming summary judgment in favor of Defendant since, inter alia , the city had immunity from a claim for intentional infliction of emotional distress.

Delost v. First Energy Corp., et al.

a) The certified question is answered in Corrigan v. Illum. Co., 122 Ohio St.3d 265, 2009-Ohio-2524, 910 N.E.2d 1009, and the judgment of the court of appeals is affirmed.

Anderson v. Snider Cannata Co.

Affirming summary judgment in favor of Defendant contractors where Plaintiff subcontractor fell down a stairway while working on a construction site since Defendant had no duty to warn of the inherently dangerous.

Schelling, et al. v. Humphrey

The Supreme Court, Cupp, J., held a patient cannot pursue a negligent-credentialing claim without prior finding or admission of negligence against subject physician in most circumstances.

Poneris v. A & L Painting LLC

Affirming jury verdict in favor of employer regarding intentional tort action brought by employee injured when he fell off a bridge while on the job

Montanez v. MetroHealth Med. Ctr.

Affirming summary judgment in favor of Defendant in medical malpractice claim regarding the removal of a portion of the Plaintiffs lung since statute of limitations had expired and Defendant medical center was not liable.

Ohio Cent. R.R. Sys. v. Mason Law Firm Co., L.P.A.

The Court of Appeals, Sadler, J., held that: i) damages recoverable by operator were limited to the $100,000 self-insurance retention (SIR) that it paid under liability insurance policy;

Ningard v. Shin -Etsu Silicones of Am., Inc.

Affirming summary judgment against Plaintiff regarding FMLA and sex discrimination claims.

Mallette v. Penske Truck Leasing Co., L.P.

Reversing summary judgment granted to Defendant since Plaintiff's injury, which occurred by way of faulty step on a truck, could reasonably have been caused by Defendants negligence.

Tibbs v. Ernst Ents. Inc.

Affirming summary judgment in favor of employer where former employee brought action disability discrimination since the employee could not perform the essential function of his job as a commercial truck driver.

Miller v. Foster

Affirming a jury verdict in favor of Plaintiff for damages awarded where passenger van collided with tractor-trailer.

Boserman Aviation Equipment, Inc., v. United States Liability Insurance

a) The Court of Appeals, Rogers, J., held that absolute pollution-exclusion provision did not clearly and unambiguously exclude coverage.

Gerald Hinners v. Brad Robey DBA Robey’s Pawn World

Appealed ruling on Motion to Dismiss for lack of personal jurisdiction.

The District Court, Katz, J., held that: i) owner was not required to allege that settlement extinguished manufacturer's and seller's liability in order to state contribution claim, and

Warman v. L. Patrick Mulligan & Assoc. Co.

Affirming summary judgment in favor of Defendants legal malpractice action where attorneys represented Plaintiff in a criminal matter since one-year statute of limitations for legal malpractice, rather than four-year statute for fraud.

Claypoole v. Gailor

Affirming denial of Plaintiffs claims for enforcement of an attorney's lien and for damages for contractual interference regarding representation of relatives of individual killed in a car accident.

Strickler v. First Ohio Bank & Lending, Inc.

Affirming denial of Defendant bank's motion to stay proceeding pending arbitration since arbitration provisions did not apply to class action claims.

Young-Hatten v. Taylor

Affirming jury verdict in favor of Defendant in legal malpractice suit.

Toledo Bar Assn v. Johnson

The Supreme Court held that: i) attorney violated Rules of Code of Professional Responsibility, and ii) suspension of six months, stayed on condition of no further violations of Rules of Code of Professional Responsibility and restitution.

Acceptance Indem Ins. Co. v. Liberty Mut. Ins. Co.

Granted to Primary insurer regarding excess insurers claim for 'equitable subrogation' in regard to automobile accident since primary insurer did not act in bad faith to expose the insured to an unreasonable risk of judgment in excess of

Lombardo v. Mahoney

Affirming summary judgement against Plaintiff since voicemails did not rise to level of intentional infliction of emotional distress.

Cosgrove v. Rose

Affirming order of probate court which determined that a trustee had the authority to make monthly distributions of funds to a contingency trust beneficiary.

Miller v. Management Recruiters International Inc.

The Court of Appeals, Patricia Ann Blackmon, J., held that: i) trial court did not abuse its discretion in refusing to vacate award based on arbitrator's alleged bias.

Holbein v. Genesis Healthcare Sys.

a) The judgment of the court of appeals is affirmed on the authority of Fletcher v. Univ. Hosps. of Cleveland, 120 Ohio St.3d 167, 2008-Ohio-5379, 897 N.E.2d 147.