Ohio Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Ohio or Court of Appeals of Ohio where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Moreland v. Oak Creek - 4/29/2005
{ } Plaintiffs-appellants Tami and Noel Moreland (for ease of reference, the plaintiffs-appellants will be referred to in the singular as Moreland), appeal from a judgment rendered in the Montgomery County Court of Common Pleas in...
State v. Kemp - 4/29/2005
JUDGMENT: Affirmed.
{ } Appellant, Thomas A. Kemp, appeals the March 5, 2004, decision of the Mahoning County Court of Common Pleas denying his post-conviction petition after an evidentiary hearing.
{ } Appellant shot and...
Vlad v. Vlad - 4/29/2005
{ } Jan Marie Vlad, appellant, appeals from a judgment of the Trumbull County Court of Common Pleas, Domestic Relations Division, awarding her spousal support and dividing marital property. Appellee, Randall George Vlad,...
Longo v. Longo - 4/29/2005
{ } Appellant, Joy E. Longo, and appellee, Charles V. Longo, were married on December 30, 1988. The couple has two children: Alexandra, whose date of birth is March 15, 1994 and Lauren, whose date of birth is June 21, 2000. Both...
Nationwide Mutual Fire Insurance Co. v. Modroo - 4/29/2005
{ } The following is an accelerated calendar appeal submitted on the briefs of the parties. Appellant, Nationwide Mutual Fire Insurance Company, appeals from a March 1, 2004 judgment entry of the Geauga County Court of Common Pleas,...
Wolder v. DiPasquale - 4/29/2005
{ } Elizabeth Wolder appeals from the judgment of the Kettering Municipal Court entered in favor of Charles DiPasquale D.D.S.
{ } Wolder contends in this appeal that the trial court improperly granted summary judgment to Dr....
Wight v. Michalko - 4/29/2005
{ } Appellant, Brian Michalko, appeals from the April 21, 2004 judgment entry of the Portage County Court of Common Pleas, granting appellee's, Fire Insurance Exchange's, motion for summary judgment.
{ } On November 12, 2002,...
Devine v. Ohio Insurance Guaranty Association - 4/28/2005
{ } This appeal is before the Court on the accelerated docket pursuant to App.R. 11.1 and Loc. App.R. 11.1.
{ } Plaintiff-appellant, Dennis A. Devine, Jr. ("Devine") appeals from the trial court's decision that summarily...
Jacobs v. Gateway Property Management - 4/28/2005
{ } Appellant Carlton Jacobs appeals pro se the trial court's order granting summary judgment in favor of Gateway Property Management ("Gateway"). He assigns the following errors for our review:
I. Genuine issues of material...
Robinson v. Bates - 4/22/2005
{ } In this landlord-negligence case, we decide two issues. First, we hold that the open-and-obvious doctrine does not abrogate a landlord's statutory duty to keep leased premises in a fit and habitable condition. Second, in a case...
Seymour v. Dep't of Rehabilitation and Correction - 4/19/2005
Judge J. Warren Bettis
MAGISTRATE DECISION
{ } On March 9, 2005, this matter came to trial on the issue of damages. The court previously rendered judgment in favor of plaintiff on the issue of liability; however, it was...
White v. Crown Equipment Corp. - 4/18/2005
JUDGMENT: Judgment affirmed.
{ } The plaintiffs-appellants, James and Yolanda White, appeal from the November 9, 2004 judgment of the Common Pleas Court of Auglaize County, granting partial summary judgment in favor of the...
Horsley v. Richland Correctional Institution - 4/18/2005
Judge Fred J. Shoemaker
MAGISTRATE DECISION
{ } Plaintiff brought this action against defendant, Richland Correctional Institution, alleging medical negligence. The issues of liability and damages were bifurcated and the...
State ex rel Marsteller v. Maloney - 4/14/2005
OPINION and JOURNAL ENTRY
JUDGMENT: Petition Granted.
Writ Issued.
{ } Plaintiff-relator, Florence Marsteller, executrix of the estate of James Marsteller, has filed a petition for a writ of prohibition against...
Harvey v. Western Reserve Mutual Casualty Co. - 4/12/2005
JUDGMENT: Affirmed
{ } Plaintiff-appellant Tracy J. Miller appeals from the June 10, 2004, Judgment Entry of the Ashland County Court of Common Pleas which granted Summary Judgment in favor of defendant-appellee Erie Insurance...
Indiana Insurance Co. v. Farmers Insurance Co. of Columbus - 4/12/2005
JUDGMENT: Affirmed in part, Reversed in Part and Remanded
{ } Appellant Cincinnati Insurance Company ("Cincinnati") appeals the June 25, 2004 and July 20, 2004 judgment entries filed by the Tuscarawas County Court of Common...
Indiana Insurance Co. v. Federal Insurance Co. - 4/12/2005
JUDGMENT: Reversed and Remanded
{ } Appellant Federal Insurance Company ("Federal") appeals the July 20, 2004 judgment entry entered by the Tuscarawas County Court of Common Pleas, which supplemented the trial court's June 25,...
Pennell v. Dewan - 4/11/2005
JUDGMENT: Affirmed
{ } Appellants/Cross-Appellees David and Diane Pennell appeal the decision of the Court of Common Pleas, Stark County, following a jury verdict in favor of Appellees/Cross-Appellants Sanjeev Dewan, M.D., and...
Fairchilds v. Miami Valley Hospital - 4/8/2005
{ } Plaintiffs-appellants, Timothy Fairchilds, Linda Wright, Bobbie Jo Fairchilds, Douglas Burton, and Whitney Burton, appeal in two cases, which we have consolidated in the interest of judicial economy. The issue in both appeals is...
Fox v. Parma Community General Hospital - 4/7/2005
{ } Plaintiff-appellant, Michael F. Fox, M.D., appeals from the order of the trial court that entered summary judgment in favor of defendants-appellees Parma Community General Hospital ("PCGH"), Edward Robertson, M.D., Patrick...
Harris v. Allstate Insurance Co. - 4/4/2005
JUDGMENT: Affirmed in part, reversed in part and remanded.
{ } Defendant-appellant Allstate Insurance Co. ("Allstate") appeals the June 30, 2004 Judgment Entry entered by the Stark County Court of Common Pleas, which granted...
Lovely v. Percy - 4/1/2005
{ } Plaintiff-appellant, Crystal Lovely, appeals from a summary judgment rendered against her on her claims for breach of oral contract, fraud, and medical malpractice. Lovely contends that the trial court erred in rendering summary...
Theobald v. University of Cincinnati - 3/31/2005
{ } Defendant-appellant, University of Cincinnati ("UC"), appeals from a judgment of the Ohio Court of Claims finding that Frederick A. Luchette, M.D., Jamal Taha, M.D., Harsha Sharma, M.D., and Maureen Parrott, C.R.N.A., were not...
Woodward v. Ohio Dep't of Mental Retardation & Developmental Disabilities - 3/31/2005
{ } Plaintiff-appellant, Phyllis E. Woodward, appeals from the decision and judgment entry of the Franklin County Court of Common Pleas granting the motion to dismiss filed by appellee, Ohio Department of Mental Retardation &...
Medical Protective Co. v. Watson - 3/29/2005
{ } Plaintiff-appellant, Medical Protective Company ("MPC"), appeals from a judgment of the Franklin County Court of Common Pleas finding it liable to pay prejudgment interest in excess of its policy limits. MPC assigns a single...
Griewahn v. United States Fidelity & Guaranty Co. - 3/28/2005
JUDGMENT: Reversed. Judgment Granted to United States Fidelity & Guaranty Company
JUDGES: Hon. Mary DeGenaro Hon. Gene Donofrio Hon. Joseph J. Vukovich
{ } This timely appeal comes for consideration upon the record in...
State v. Dillard - 3/28/2005
JUDGMENT: Affirmed in Part and Reversed in Part.
Sentence Vacated. Remanded.
{ } Appellant, Quentin Dillard, was convicted of nine felony offenses and accompanying firearm specifications and sentenced for these offenses...
Huntsman v. Aultman Hospital - 3/28/2005
JUDGMENT: Reversed and Remanded
{ } Defendants-appellants, Aultman Hospital, Dr. Sajid Chughtai, M.D., and Dr. Sajid Chughtai, M.D., Inc., appeal from the April 8, 2004 judgment entry of the Stark County Court of Common Pleas...
Roselawn Chiropractic Center - 3/25/2005
DECISION
{ } Defendant-appellant, Allstate Insurance Company, appeals the trial court's determination that defendant Tiffany A. Tate executed a valid assignment to plaintiff-appellee, Roselawn Chiropractic Center, Inc., of a...
Byrd v. Kirby - 3/22/2005
{ } Plaintiffs-appellants, Howard L. Byrd, individually and as administrator of the estate of Garnet Byrd, and Heather Byrd, appeal from a judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of...
Likes v. Richland Correctional - 3/21/2005
Judge Joseph T. Clark
MAGISTRATE DECISION INSTITUTION
{ } Plaintiff brought this action against defendant, Richland Correctional Institution (RICI), alleging medical negligence. Plaintiff also requested a determination from...
State - 3/14/2005
JUDGMENT: Judgment affirmed.
{ } Defendant-appellants, Steven B. Plumb and Joseph E. DaPore, appeal the judgment of the Court of Common Pleas of Allen County ordering that the Ohio Bureau of Workers' Compensation (hereinafter,...
Wheeler v. Wheeler - 3/11/2005
DECISION AND JUDGMENT ENTRY
{ } This is an appeal from a divorce decree issued by the Ottawa County Court of Common Pleas. Because we conclude that the trial court failed to make a statutorily mandated finding to support denial...
Garcia v. O'Rourke - 3/8/2005
DECISION AND JUDGMENT ENTRY
{ } Carlos O. Garcia, guardian ad litem for Carrie Christina Wheeler and Samuel Louis Wheeler, appeals the Gallia County Court of Common Pleas' decision entering summary judgment in favor of the...
Fish v. Ohio Casualty Insurance Co. - 3/7/2005
JUDGMENT: Affirmed
{ } Appellant Karen Fish, as the Administrator of the Estate of Kenneth Fish ("appellants"), appeals the decision of the Stark County Court of Common Pleas on the basis that it improperly applied the Galatis...
Haga v. Albex Aluminum - 3/7/2005
JUDGMENT: Dismissed
{ } Plaintiffs-appellants Amber Jean Haga , Chrystal Lee Dickey, Chad Lee Garabrandt and Tina Weimer, as Guardian to Cora Lee Dickey, appeal from the August 6, 2003, and September 9, 2003, Judgment Entries...
Dean v. Grange Mutual Casualty Co. - 2/28/2005
JUDGMENT: Affirmed
{ } Appellant Janice Dean appeals the decision of the Stark County Court of Common Pleas on the basis that it improperly applied the Galatis decision to preclude coverage under an umbrella policy issued by...
Porter v. Sidor - 2/24/2005
{ } Plaintiff-appellant, Samuel F. Porter, III ("Porter"), as administrator of the Estate of Mary E. Porter (the "decedent"), appeals the trial court's decision granting defendant-appellee's, Tim A. Sidor, M.D. ("Sidor"), motion in...
Holda v. Blankfield - 2/24/2005
{ } Plaintiff-appellant Mark Holda (hereinafter "appellant") appeals the trial court's jury verdict in favor of defendants-appellees. Having reviewed the arguments of the parties and the pertinent law, we hereby affirm the trial...
Aldridge v. Garner - 2/23/2005
DECISION AND JUDGMENT ENTRY
{ } Sharon Aldridge appeals the decision of the Scioto County Court of Common Pleas granting summary judgment to J. Timothy Garner, M.D. Aldridge contends that the trial court abused its discretion...
Uhlmansiek v. Salvation Army - 2/18/2005
{ } The plaintiff-appellant, Jay D. Uhlmansiek, appeals from the order of the trial court denying his motion for a new trial on his personal-injury claim against the defendants-appellees, the Salvation Army and Robert. S. Jones. A...
Arn v. McLean - 2/18/2005
{ } This case involves a claim for underinsured-motorist ("UIM") coverage under umbrella policy No. 35-03-9984-0 issued by State Farm and Fire Casualty Company to Carol and Terence McLean. The policy was originally effective on...
Satterfield v. St. Elizabeth Health Center - 2/17/2005
JUDGMENT: Affirmed
{ } Defendant-appellant, St. Elizabeth Health Center, appeals a Mahoning County Common Pleas Court judgment granting summary judgment in favor of defendants-appellees, Bel-Park Anesthesia Associates, Inc.,...
McClenaghan v. Ohio Dep't of Commerce - 2/14/2005
DECISION
{ } Plaintiff brings this action for disability discrimination against defendant, the Ohio Department of Commerce (ODC), as a result of the termination of plaintiff's employment in violation of R.C. Chapter 4112 and...
Likes v. Richland Correctional Institution - 2/7/2005
Magistrate Steven A. Larson
DECISION
{ } On December 29, 2004, defendant filed a motion for summary judgment. On January 12, 2005, plaintiff filed a response. The case is now before the court for a non-oral hearing on the...
State ex rel. General Motors Corp. v. Industrial Commission of Ohio - 2/3/2005
{ } Respondents-appellants, Chester Stephan and the Ohio Industrial Commission, appeal from two judgments of the Franklin County Court of Common Pleas that were consolidated by this court. The first judgment is the July 1, 2003...
Peat v. University Hospitals Health System Bedford Medical Center - 2/3/2005
{ } Defendant-appellant, Dr. Daniel Kranitz, appeals the trial court's granting of the motion of plaintiff-appellee, David Peat, for a new trial. Finding merit to the appeal, we reverse.
{ } In 2002, Peat filed a medical...
Johnson v. Cleveland Coca-Cola Bottling Co. - 2/3/2005
{ } The Cleveland Coca-Cola Bottling Company ("Cleveland Coke") appeals from a jury verdict, which found that Kathleen Johnson was entitled to participate in the Worker's Compensation Fund due to the death of her husband, Riley...
State ex rel United Auto Aerospace & Agricultural Implement Workers of America - 2/3/2005
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
ON RESPONDENTS' MOTION TO DISMISS ON OBJECTIONS TO MAGISTRATE'S DECISION
{ } On April 15, 2003, relator, United Auto Aeros pace & Agricultural Implement Workers of...
Wilson v. Smith - 2/2/2005
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellant, Loutan Mills, f.k.a. Loutan Wilson, appeals...
Duckworth v. Burger King Corp. - 1/27/2005
{ } Crystal and Dennis E. Duckworth, plaintiffs-appellants, appeal from a judgment of the Franklin County Court of Common Pleas in which the court granted the motion for summary judgment filed by Burger King Corporation,...
In re Guardianship of Brady - 1/27/2005
{ } Appellant Catherine Brady appeals from the final judgment entered on March 22, 2004 approving the application for authority to settle the lawsuit and denying her request for findings of fact and conclusions of law. In addition,...
Mendoza v. Bishop - 1/24/2005
{ } This case involves the issue of whether Delfino Mendoza was an employee or an independent contractor for purposes of insurance policies issued to Appellants, Lawrence Bishop, Darlene Bishop, and Solid Rock Ministries,...
Vetter v. Twesigye - 1/20/2005
{ } Plaintiffs-appellants, Christopher F. and Tina N. Vetter, appeal from a judgment sustaining a motion for a protective order and a motion to compel discovery by defendant-appellee, Richard P. Swenson, in this personal injury...
Likes v. Richland Correctional Institution - 1/12/2005
Magistrate Steven A. Larson
DECISION
{ } On December 17, 2004, defendant filed a motion for summary judgment pursuant to Civ.R. 56(C). On December 28, 2004, plaintiff filed a response.
{ } Civ.R. 56(C) states, in...
Ponser v. St. Paul Fire & Marine Insurance Co. - 12/30/2004
Submitted September 29, 2004
Factual and Procedural Background
{ } Wanda Chenault died on June 10, 1999, in an automobile accident caused by Charles Hofer, who had driven left of center and struck Chenault's vehicle. It is...
Hudson v. Ohio Dep't of Rehabilitation and Correction - 12/30/2004
{ } This matter is before the court upon the appeal of plaintiff-appellant Suzanne Hudson, Administratrix of the Estate of Michael Jaso, Deceased, from a decision of the Court of Claims of Ohio, denying appellant's request for a...
State Housing Authority Risk Pool Association - 12/30/2004
{ } Appellant/cross-appellee, State Housing Authority Risk Pool Association, Inc. ("SHARP") appeals the decision of the Portage County Court of Common Pleas granting appellee/cross-appellant, Erie Insurance Group ("Erie") summary...
Perotti v. Johnson & Johnson Vision Care - 12/30/2004
{ } Plaintiff appeals the trial court granting summary judgment in favor of defendants, Johnson & Johnson Vision Care, Inc. and Vistakon. For the reasons that follow, we agree with the judgment of the trial court.
{ } For...
In re All Kelley & Ferraro Asbestos Cases - 12/30/2004
Submitted September 14, 2004
{ } Two issues are presented for consideration in connection with this appeal, which concerns the resolution of some 15,000 asbestos-related claims settled for approximately $120 million between the...
Cuyahoga County Bar Association v. Kelley - 12/29/2004
Submitted September 15, 2004
{ } Respondent, Elliott Ray Kelley of Cleveland, Ohio, Attorney Registration No. 0009587, was admitted to the practice of law in Ohio in 1963. On December 4, 2003, in its third amended complaint,...
Swogger v. Hopkins Construction - 12/29/2004
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellant, Christopher Swogger, has appealed from a...
In re Guardianship of Matyaszek - 12/29/2004
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } This matter is before this Court on appellant Adam...
Mahoning County Bar Association v. Sinclair - 12/29/2004
Submitted October 12, 2004
{ } Respondent, R. Allen Sinclair of Boardman and Youngstown, Ohio, Attorney Registration No. 0055915, was admitted to the practice of law in Ohio in 1991. On March 29, 2000, we ordered a six-month...
Warren County Bar Association v. Marshall - 12/29/2004
Submitted October 26, 2004
{ } Respondent, Bernard Marshall, of Lebanon, Ohio, Attorney Registration No. 0067838, was admitted to the practice of law in Ohio in 1997. On May 27, 2003, relator, Warren County Bar Association, filed...
Nationwide Mutual Insurance Co. v. Zimmerman - 12/27/2004
DECISION AND JOURNAL ENTRY
Dated: December 15, 2004
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellant, Nationwide...
McClary v. M/I Schottenstein Homes - 12/23/2004
{ } Plaintiff-appellant, Lisa McClary, appeals from a judgment of the Franklin County Court of Common Pleas that granted summary judgment in favor of defendants-appellees, M/I Schottenstein Homes, Inc. ("M/I"), Contract Lumber, Inc....
Sessoms v. Goliver - 12/23/2004
DECISION AND JUDGMENT ENTRY
{ } This is an accelerated appeal from a judgment of the Lucas County Court of Common Pleas, in which the trial court granted a motion to dismiss the complaint filed by appellant, Eric Sessoms, against...
Weber v. Mories - 12/23/2004
DECISION AND JUDGMENT ENTRY
{ } This is an accelerated appeal from a judgment of the Lucas County Court of Common Pleas, awarding costs and prejudgment interest after a plaintiff's jury verdict in a personal injury claim.
{...
State ex rel Sherry v. Industrial Commission of Ohio - 12/23/2004
DECISION
(REGULAR CALENDAR)
IN MANDAMUS ON OBJECTIONS TO MAGISTRATE'S DECISION
{ } Relator, John Sherry, filed this original action in mandamus. Pursuant to Civ.R. 53 and Loc.R. 12(M) of the Tenth District Court of...
Michaels v. Gallagher - 12/23/2004
{ } Mary Ellen Michaels appeals the trial court's grant of a motion for summary judgment in favor of all appellees. After a review of the record presented and arguments of the parties, we affirm the decision of the trial court for...
Bernabei v. Cincinnati Insurance Cos. - 12/22/2004
JUDGMENT: Reversed and Remanded.
{ } These appeals involve a variety of claims for Underinsured Motorist Insurance ("UIM") arising under the authority of Scott-Pontzer v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660,...
State ex rel Adams v. Aluchem - 12/22/2004
Workers' compensation -- "Statutory" permanent total disability -- R..C. 4123.58(C) -- Statute of limitations in R..C. 4123.52 bars retroactive payment of statutory PTD for a period in excess of two years before the motion for...
Tackett v. Gas Energy - 12/21/2004
{ } Plaintiffs-appellants, Michael A. Tackett, Kim Tackett, Norm Chenoweth and Tisha Chenoweth, appeal from three judgments of the Franklin County Court of Common Pleas granting summary judgment for defendants-appellees, Gas Energy,...
Gillespie v. Gillespie - 12/20/2004
{ } Plaintiff-appellant, Karen Faye Gillespie nka Rudd, appeals the decision of the Clermont County Court of Common Pleas, Domestic Relations Division, terminating a spousal support order. We reverse the domestic relations court's...
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