Thomas and Marker Construction sued Wal-Mark Stores, Inc. on a breach of contract theory. The lawsuit stemmed from the June 2005 construction of a Springfield Wal-Mart SuperCenter. Thomas and Marker entered into a contract with Wal-Mart to build the store, but throughout the course of the excavation the company and its subcontractors encountered unforeseen solid bedrock in areas and at depths not... More...   $1500000 (01-08-2009 - OH)

{¶1} Plaintiffs-appellants, P. Valerie Knowlton and Norma Knowlton, executor of the estate of Peter M. Knowlton, (collectively “the children”) appeal a judgment of the Hamilton County probate court in favor of defendants-appellees, Charles Lindberg and Fifth Third Bank, the executors of the estate of Austin E. Knowlton and the trustees of the Austin E. Knowlton Trust (collectively “the esta... More...   $0 (11-21-2009 - OH)

{¶1} Richard DiBenedetto sued Charles Miller and Keating Muething & Klekamp, PLL, (“KMK”) for legal malpractice. Because there was never a lawyer-client relationship, and because the case was time-barred in any event, the trial court dismissed the case under Civ.R. 12(B)(6). The trial court was correct on both issues, so we affirm.

I. The Original Transaction

{¶2} DiBenedetto b... More...   $0 (12-12-2008 - OH)

{¶1} Defendant-appellant Jack Sahnd appeals the entry of summary judgment for plaintiff-appellee Lifesphere on its claim that Jack’s mother, Kathleen, had fraudulently transferred her home to Jack under R.C. 1336.04. We affirm.

{¶2} Kathleen was 80+ when, in January 2005, she gave her house to her son Jack Sahnd. About seven months later, Kathleen moved to Maple Knoll, a geriatric-care ... More...   $0 (12-12-2008 - OH)

{¶1} Tiffanie Scott sued the city of Cincinnati and one of its police officers, Mark Longworth, for injuries she sustained when Longworth shot at a gunman. Officer Longworth now appeals the trial court’s decision denying summary judgment on his claim of immunity from liability under R.C. Chapter 2744. We reverse the judgment of the trial court.

I. The Shooting

{¶2} At about 2:00 ... More...   $0 (12-12-2008 - OH)

{¶1} Bringing forth a single assignment of error, defendants-appellants Spectrum Networks, Inc. (“SNI”), a telecommunications provider, and Troy McCracken, the president and chief executive officer of SNI, appeal the trial court’s judgment that disqualified their trial counsel, Gregory Utter, from representing them in further proceedings related to plaintiff-appellee Gary Lee Brown’s laws... More...   $0 (12-19-2008 - OH)

{¶1} Plaintiff-appellant Curtis Walker contests the entry of summary judgment for defendant-appellee Thomas Hodge, on Walker’s claims for medical costs incurred in his individual capacity for the care of his son, Erik. Hodge had argued that Walker’s action was barred by the statute of limitations and by the doctrine of res judicata. But because Hodge did not properly support his summary-judgm... More...   $0 (12-26-2008 - OH)

{¶1} Plaintiff-appellants Brandon, Michael, and Ellen Geiger sued the Westfield National Insurance Company, claiming bad faith and fraud in Westfield’s handling of an underinsured motorist (“UIM”) claim. The Geigers also sought punitive damages. The trial court granted summary judgment in favor of Westfield without comment, but presumably on the grounds that either (1) the Geigers’ case w... More...   $0 (12-31-2008 - OH)

{¶1} Plaintiff-appellant, the Montgomery Towne Homeowners’ Association (“Montgomery Towne”), brought this action seeking declaratory and injunctive relief against defendants-appellees, Edward Greene and Priscilla Greene. Montgomery Towne alleged that the Greenes had installed glass-block windows in their condominium unit in violation of Article X of Montgomery Towne’s Declaration of Condo... More...   $0 (12-31-2006 - OH)

{¶ 1} This appeal requires us to determine whether municipal courts have subject-matter jurisdiction over matters lacking connections to their geographical territories. For the following reasons, we hold that municipal courts do not have subject-matter jurisdiction over extraterritorial matters except in limited statutorily created circumstances. We therefore affirm the holding of the court of ap... More...   $0 (12-11-2008 - OH)

{¶ 1} A jury rejected appellee John Grundy’s claims that appellants, Dr. Jagprit Singh Dhillon and Emergency Professional Services, Inc., negligently caused the death of Susanne Sumner in treating her at the Trumbull Memorial Hospital emergency room. Grundy moved for a new trial, arguing that a juror had failed to disclose during voir dire that one of his family members had been treated at Trum... More...   $0 (12-11-2008 - OH)

{¶ 1} The city of Middleburg Heights appeals from a decision of the Eighth District Court of Appeals, which concluded, “[C]ourt costs should be assessed for each case and not for each offense.” Middleburg Hts. v. Quinones, Cuyahoga App. No. 88242, 2007-Ohio-3643, at ¶ 97. We accepted jurisdiction over a narrow issue: whether court costs assessed by municipal courts are to be imposed on a per... More...   $0 (12-31-2008 - OH)

Mee Sanders sued Richard Lott for sexually harassing her at her job as a line workers for Chrysler at its Toledo North Assembly Plant and United Automobile, Aerospace, Agricultural Implement Workers of America, Local 12, Region 2B for failing to protect her from Lott. She claimed that Lott tried to force himself on her and worked to get her thrown out of the Jeep plant when she refused him. She re... More...   $301000 (12-12-2008 - OH)

Appellant Bill Eves (“Eves”) sold mapping systems and other products as a representative for Appellee American Clearinghouse, Inc. (“ACH”), for a period beginning in 1997 and ending in August 2001. Eves and ACH had a profit-splitting agreement whereby Eves received one-third of the profits, ACH received one-third of the profits, and ACH paid marketing expenses with the remaining one-third ... More...   $0 (11-20-2008 - OH)

Plaintiff Aubin Industries, Inc. makes industrial wheels. Defendants have, at various times, owned the Wellington caster business. From approximately 1998 to 2002, Wellington purchased wheels from Aubin and incorporated them into casters, which Wellington then sold to Honda of America. The parties stopped doing business in 2002 after Aubin discovered that Wellington had duplicated its wheel and wa... More...   $0 (11-20-2008 - OH)

Plaintiff-Appellant Gregory T. McCarthy (“McCarthy”), proceeding pro se, appeals the order of the district court granting Defendant-Appellee Maitland Place, D.D.S.’s (“Dr. Place”) motion for summary judgment on McCarthy’s 42 U.S.C. § 1983 action for alleged violations of his Eighth Amendment right to be free from cruel and unusual punishment.

For the following reasons, we REVER... More...   $0 (12-02-2008 - OH)

Irvin Kramer, proceeding pro se, appeals the decision of the district court dismissing his 42 U.S.C. § 1983 suit against Reginald Wilkinson, the former Director of the Ohio Department of Rehabilitation and Correction (“ODRC”) and Dr. Ronald Moomaw, director of Clinical Services at the ODRC. The suit alleges that the coerced medical care Kramer has received violates the Constitution’s prohib... More...   $0 (12-03-2008 - OH)

In this diversity case in which Big Lots won its contract action, Big Lots appeals the denial of attorney fees. The district court interpreted Ohio law to preclude enforcement of a boilerplate contractual provision that can be read to allow Big Lots to recover attorney fees for the underlying lawsuit. Big Lots claims that the Ohio courts would enforce the provision, and that, even without the prov... More...   $0 (12-04-2008 - OH)

Tricia Dold and William Dold sued Dr. Joseph Yazdi on a medical negligence (medical malpractice) theory claiming that Dr. Yazdi acted below the standard of care when he performed disc surgery on her neck. She claimed that Yazdi dropped an instrument on her spinal cord during the surgery injuring her. Mrs. Dold could not move the left side of her body after surgery, and she was hospitalized for ne... More...   $0 (11-06-2008 - OH)

This is an appeal from the decision of the district court, granting the motion for summary judgment of Counterplaintiff-Appellee Leggett & Platt, Inc. (hereinafter, “Leggett”) on its counterclaim for breach of a representation of a Net Asset Value (hereinafter, “NAV”) representation in an agreement with Counterdefendant-Appellant TransPro, Inc. (hereinafter, “TransPro”). TransPro appea... More...   $0 (10-16-2008 - OH)

The plaintiffs appeal the district court’s directed verdict for the defendant on their disparate-impact gender-discrimination claims and its denial of their subsequent motion for a new trial. For the reasons that follow, we AFFIRM.

I.

Planes Moving & Storage provides transportation and relocation services for residential, corporate, and commercial movers. In September 2001, Planes ... More...   $0 (10-20-2008 - OH)

Plaintiff corporation Groeneveld Transport Efficiency appeals the district court’s stay of a breach of contract action against former employee Jan Eisses.

The district court temporarily stayed the action after it found that the claim was substantially similar to a parallel action in Ontario, Canada. Because the district court’s ruling was not a final order, we lack jurisdiction to hear ... More...   $0 (10-20-2008 - OH)

Plaintiff-Appellant Michael Graham
(“Graham”) appeals the district court’s grant of summary judgment to Defendant-Appellee Best Buy
Stores, L.P. (“Best Buy”). Graham, a former Best Buy employee, seeks relief in connection with his
termination and events that transpired soon after. Graham appeals the dismissal of his claims of
racially discriminatory termination, retaliati... More...   $0 (10-22-2008 - OH)

Dennis Verhoff appeals the district court’s
decision to grant defendant Time Warner Cable, Inc.’s motion for summary judgment on his claim
for disability-discrimination under the Americans with Disabilities Act. 42 U.S.C. § 12101. Time
Warner cross-appeals the district court’s decision to grant Verhoff’s motion for summary judgment
on his claim for interference with his ri... More...   $0 (10-24-2008 - OH)

Dennis Verhoff appeals the district court’s decision to grant defendant Time Warner Cable, Inc.’s motion for summary judgment on his claim for disability-discrimination under the Americans with Disabilities Act. 42 U.S.C. § 12101. Time Warner cross-appeals the district court’s decision to grant Verhoff’s motion for summary judgment on his claim for interference with his rights under the F... More...   $0 (10-24-2008 - OH)

Sean McMahon sued Raymond J. Blake and Continental Express, Inc. on a negligence theory claiming that he lost part of his leg as a result of being run over by a semi-tractor trailer owned by Continental and driven by Blake at the Stony Ridge Inn Truck Stop in Lake Township in April, 2002.

The defenses asserted by defendants are not available.... More...   $1250000 (10-05-2008 - OH)

The Justice Department today announced that former Cincinnati landlord, James G. Mitchell, and his company, Land Baron Enterprises, agreed to pay $1 million in monetary damages and a civil penalty, after admitting that they violated the Fair Housing Act (FHA). This is the largest monetary settlement the Department has ever obtained in a case alleging sexual harassment violations under the FHA.
... More...   $1000000 (09-04-2008 - OH)

{¶1} Appellant, Red Ferris Chevrolet, Inc., appeals from a judgment issued by the Wayne County Court of Common Pleas against appellee, Kenneth S. Aylsworth. This Court affirms.

I.

{¶2} On May 30, 2007, Red Ferris Chevrolet, Inc., (“the dealership”) initiated an action against Kenneth S. Aylsworth, seeking damages in regard to Mr. Aylsworth’s purchase of a 2000 GMC K3500 truck... More...   $0 (09-29-2008 - OH)

{¶1} Defendant-Appellant/Cross-Appellee Paul V. Bonetzky, D.O. (“Bonetzky”) appeals from the August 22, 2007 Judgment Entry of the Court of Common Pleas of Logan County, Ohio, rendering judgment against him in the amount of $400,000 plus interest and costs. Bonetzky also appeals from the October 23, 2007 Judgment Entry denying Bonetzky’s motion for a new trial or judgment notwithstanding th... More...   $0 (09-29-2008 - OH)

{¶1} Plaintiffs-appellants, Timothy and Karen Gibson, appeal the decision of the Butler County Court of Common Pleas granting summary judgment to defendant-appellee, Precision Strip, Inc., in an employer intentional tort action.1

{¶2} Precision is a metal processing company which uses a coilmaster wrapper machine ("CoilMaster") in the wrap bay area of its Middletown, Ohio facility. The Co... More...   $0 (09-29-2008 - OH)

{¶1} Appellant, Richard P. Bricker, appeals the decision of the Preble County Court of Common Pleas dismissing his claim for damages against appellee, Board of Education of the Preble Shawnee Local School District ("the board"), after finding the board breached its employment contract with appellant. For the reasons that follow, we affirm the trial court's Preble CA2007-10-020 decision.

{Â... More...   $0 (09-29-2008 - OH)

{¶1} The Akron Municipal Court issued a writ of restitution evicting Colleen Breen, entered judgment against her for $7630, and denied her “Motion to Vacate.” Ms. Breen filed a notice of appeal from the order denying her “Motion to Vacate.” She has argued that the trial court incorrectly issued the writ of restitution and incorrectly entered the money judgment against her. This Court over... More...   $0 (09-30-2008 - OH)

{¶1} Appellants/Cross-Appellees, Walter and Louise Calame (collectively “the Calames”), appeal from the judgment of the Wayne County Court of Common Pleas, Probate Division. This Court affirms.

I

{¶2} This case revolves around a contest to several documents, consisting of the will, trusts, and a quit-claim deed that Blanche G. Calame executed before her death on January 30, 200... More...   $0 (09-30-2008 - OH)

{¶1} Plaintiff-Appellant, Virginia Galo (“Galo”), appeals the decision of the Lorain County Court of Common Pleas granting summary judgment in favor of Defendant-Appellees Carron Asphalt Paving, (“Carron”) and First Interstate Properties (collectively “Appellees”).

This Court affirms.

I

{¶2} On August 22, 2005, Carron began to grind down asphalt in preparation fo... More...   $0 (09-30-2008 - OH)

{¶ 1} The issue presented in this case is whether the amendment to R.C. 1343.03(A) enacted by 2004 Sub.H.B. No. 212 (“H.B. 212”), 150 Ohio Laws, Part III, 3417 (effective June 2, 2004), adjusts the statutory rate of postjudgment interest on a final judgment entered by a trial court, but when the case is pending on appeal on the effective date of the amended statute. We conclude that the amend... More...   $0 (09-16-2008 - OH)

{¶ 1} The question certified to us by the Fifth District Court of Appeals is:

{¶ 2} “Whether spouses can recover the income lost due to one spouse caring for another or whether they may only recover the cost to hire outside home health care.”

{¶ 3} We hold that part of the injured spouse’s damages against a defendant can include the fair market value of the home health care ... More...   $0 (09-12-2008 - OH)

{¶ 1} The issue presented in this case concerns whether Clyde Ordinance 2004-41, which prohibits licensed handgun owners from carrying concealed handguns in Clyde city parks, is a valid exercise of the municipality’s home-rule power according to Section 3, Article XVIII, of the Ohio Constitution. Because the ordinance is an exercise of the municipality’s police power that conflicts with a gen... More...   $0 (09-18-2008 - OH)

Plaintiff-Appellant Louis D. Brown III (“Brown”) appeals the district court’s grant of summary judgment in favor of Defendant-Appellee City of Cleveland (“Defendant” or “Cleveland”) and the dismissal of his allegations of employment discrimination on the basis of his sex, age, disability, retaliation for the exercise of his rights under the First Amendment, hostile work environment, ... More...   $0 (09-23-2008 - OH)

This appeal involves the arbitration rights of H&R Block Financial Advisors, Inc. (HRBFA), a stakeholder-defendant in a complex securities action. In the course of the litigation, HRBFA attempted to arbitrate certain claims relating to the margin debt held in its accounts and moved the district court to issue a stay of this lawsuit pending arbitration. The district court denied the motion to stay,... More...   $0 (09-23-2008 - OH)

Plaintiff Kim Roumeliote filed a complaint for declaratory judgment and damages under the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461, after she was denied long-term disability benefits under a plan administered by Unum Life Insurance Company of America (“Unum”) and sponsored by her employer, Worthington Industries. The district court granted summa... More...   $0 (09-11-2008 - OH)