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15 Feb 2016, 7:05 am by MBettman
Procedural Posture All the defendants asserted that since their actions were neither wanton nor reckless, they were immune from liability under R.C. 2744.03(A)(6)(b). [read post]
2 Feb 2016, 8:26 am by MBettman
Graves, 124 Ohio St.3d 339 (2010) (a defendant being sued under R.C. 2744.03(a)(6)(b) may not raise additional common law limitations on liability which are not expressly provided for in R.C. 2744 et. seq.) [read post]
1 Feb 2016, 7:47 am
 The Olentangy Court specifically addressed this issue by asking itself:  “whether R.C. 5713.04 categorically prohibits reliance on an auction sale price as evidence of a property’s value, even when the sale satisfies former R.C. 5713.03’s requirements for a recent, arm’s-length transaction”; and answering in the affirmative, “in spite of R.C. 5713.04’s proscription, “the sale… [read post]
14 Jan 2016, 6:12 am by MBettman
At issue in the case is whether R.C. 2305.23, Ohio’s Good Samaritan statute, provides immunity to a lay person attempting to provide emergency assistance to an injured party at the scene of an accident. [read post]
11 Jan 2016, 7:08 am by MBettman
Key Statutes R.C. 2307.76 (Product defective due to inadequate warning or instruction.) [read post]
5 Jan 2016, 6:20 am by MBettman
Barclay’s Real Estate, 2013-Ohio-1933 (R.C. 1345.01’s consumer transaction definition is limited to the parties to the transaction, not those who provide services closely related to the transaction, despite the statute’s “in connection with a consumer transaction” language.) [read post]
30 Dec 2015, 6:42 am by MBettman
At issue in the case is whether R.C. 2305.23, Ohio’s Good Samaritan statute, provides immunity to a lay person attempting to provide emergency assistance to an injured party at the scene of an accident. [read post]
19 Dec 2015, 8:28 am by MBettman
Key Statutes and Precedent R.C. 2315(A)(5) (“Occurrence” means all claims resulting from or arising out of any one person’s bodily injury.) [read post]
27 Nov 2015, 1:03 pm by MBettman
Based on R.C. 1533.181, Ohio’s Recreational User Statute, the trial court granted ODNR’S motion for summary judgment, holding that ODNR owed no duty to Combs because he was a recreational user when he was injured on ODNR’s premises. [read post]
16 Nov 2015, 7:25 am by MBettman
”) Ohio Senate Bill 10 (Ohio’s version of the federal Adam Walsh Act, which amends R.C. 2950 and establishes a three tier system for sex offenders with various registration, address verification, and community notification requirements.) [read post]
8 Nov 2015, 9:01 pm
“[T]he terms of a recorded oil and gas lease cannot provide sufficient notice of activity under the lease to toll the 20-year clock during the life of the lease, nor can the expiration of such a lease be considered a ‘title transaction that has been recorded or filed’ within the meaning of R.C. 5301.56(B)(3)(a) when the expiration is unrecorded,” the chief justice wrote. [read post]
18 Oct 2015, 6:33 am by John H Curley
The trial court vacated the arbitration award on public policy grounds, relying on R.C. 737.11. [read post]