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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Agrawal v. Univ. of Cincinnati 16AP-293Where a plaintiff in a complaint in the Court of Claims for breach of contract alleges breaches more than two years before its filing but fails to allege any breaches within two years of its filing or that breaches are ongoing, there is a facial showing that the two-year statute of limitations for actions in the Court of Claims bars the action. Where the Court of Claims makes such a finding that the statute of limitations has run, it satisfies the requirements for dismissal pursuant to Civ.R. 12(B)(6) for failure to state a claim, but granting a motion to dismiss pursuant to Civ.R. 12(B)(1) for lack of subject matter jurisdiction based on facts not in the record such as being subject to a collective bargaining agreement is error. Judgment affirmed in part and reversed in part.BrunnerFranklin 11/21/2017 11/21/2017 2017-Ohio-8644
State ex rel. AVI Food Sys. v. Indus. Comm. 17AP-14Limited writ of mandamus granted. Commission abused its discretion when it adjusted start date for claimant's PTD compensation based on a medical report that was not relied upon in awarding PTD.KlattFranklin 11/21/2017 11/21/2017 2017-Ohio-8645
Hernandez v. Ohio Dept. of Rehab. & Corr. 17AP-37The trial court did not err in granting appellee's motion for summary judgment. Appellant failed to produce any expert witness report and failed to present evidence regarding breach of the standard of care or proximate cause on his claim for medical malpractice.KlattFranklin 11/21/2017 11/21/2017 2017-Ohio-8646
K.R. v. T.B. 17AP-302Appeal dismissed for failure to file objections to trial court's adoption of magistrate decision granting civil stalking protection order as required by Civ.R. 65.1(G).KlattFranklin 11/21/2017 11/21/2017 2017-Ohio-8647
In re Estate of John C. 17AP-398The trial court did not err in referring to the rebuttable presumption in R.C. 2125.02, as the decision revealed that the court applied the principles of equity pursuant to R.C. 2125.03 in making the distribution. Trial court did not abuse its discretion in applying the principles of equity pursuant to R.C. 2125.03 in distributing the proceeds of the wrongful death action.DorrianFranklin 11/21/2017 11/21/2017 2017-Ohio-8648
Mavroudis v. Ohio Dept. of Rehab. & Corr. 17AP-430An action for false imprisonment cannot be maintained against the State when the imprisonment is in accordance with the judgment or order of a court, unless it appears such judgment or order is void on its face. Where a false imprisonment plaintiff fails to allege facts showing such facial defects in the order on which the plaintiff was imprisoned, he fails to state a claim.BrunnerFranklin 11/21/2017 11/21/2017 2017-Ohio-8649
A.M. v. Miami Univ. 17AP-156In a negligence action, a university student who was sexually assaulted by another student could not establish that the university owed her a duty as matter of law where the university knew of two unsubstantiated sexual misconduct allegations made several years prior to the assault and the assault occurred on premises not in the possession and control of the university and did not occur during an event controlled by the university. Judgment affirmed.SadlerFranklin 11/16/2017 11/16/2017 2017-Ohio-8586
Middlebrook v. United Collection Bur., Inc. 17AP-280The trial court did not err in denying appellant's motion for relief from judgment pursuant to Civ.R. 60(B). Appellant's Civ.R. 60(B) motion was not an appropriate mechanism to challenge the trial court's judgment affirming a decision of the Unemployment Compensation Review Commission denying appellant unemployment benefits. Judgment affirmed.PER CURIAMFranklin 11/16/2017 11/16/2017 2017-Ohio-8587
In re Complaint Against Beatty 17AP-337Appeal dismissed for lack of final appealable order.Per CuriamFranklin 11/16/2017 11/16/2017 2017-Ohio-8588
McKeny v. Ohio Univ. 17AP-392The Court of Claims did not err in concluding OU did not breach its contract with McKeny or violate McKeny's contractual due process rights, and the Court of Claims did not abuse its discretion in its evidentiary rulings.Luper SchusterFranklin 11/16/2017 11/16/2017 2017-Ohio-8589