DECISION Judge PATRICK M. McGRATH , Magistrate Sophia Chang. { 1} On January 24, 2017, defendant filed a motion for summary judgment. On the same day, plaintiff filed a motion for partial summary judgment. Plaintiff filed a memorandum contra defendant's motion for summary judgment on February 8, 2017, and on February 10, 2017, defendant filed a memorandum contra plaintiff's motion for partial summary judgment. The motions are now before the court for a non-oral hearing pursuant to Civ.R....
DECISION OF THE MAGISTRATE ANDERSON M. RENICK, Magistrate. { 1} Plaintiff 1 brings this action for wrongful death against defendant, Ohio Department of Transportation (ODOT), on behalf of himself and the heirs of decedent, Traci Reed. Plaintiff also brings an action for negligence on behalf of his minor son, Conner Reed. The issues of liability and damages were bifurcated and the case proceeded to trial on the issue of liability. { 2} Traci and plaintiff were married in 1990, and the...
ENTRY GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS JOSEPH T. CLARK, Judge. { 1} On November 1, 2011, defendant filed a motion for judgment on the pleadings as to plaintiff's claim for declaratory relief. 1 On November 29, 2011, with leave of court, plaintiff filed both a response and a motion to remand this case to the Cuyahoga County Court of Common Pleas. 2 { 2} Defendant argues that plaintiff's sole remaining claim for declaratory relief fails as a matter of law...
DECISION CLARK B. WEAVER SR., Judge. { 1} On November 18, 2010, defendant filed a motion for summary judgment pursuant to Civ.R. 56(B). With leave of court, plaintiff filed a response on December 20, 2010. The parties were subsequently granted leave to file supplemental memoranda. Plaintiff's May 13, 2011 motion to strike defendant's May 6, 2011 notice of supplemental authority is DENIED. 1 { 2} Civ.R. 56(C) states, in part, as follows: { 3} "Summary judgment shall be rendered...
JUDGMENT ENTRY JOSEPH T. CLARK, Judge. { 1} On October 7, 2011, the magistrate issued a decision recommending judgment for plaintiff in an amount to be determined in a subsequent proceeding. { 2} Civ.R. 53(D)(3)(b)(i) states, in part: "A party may file written objections to a magistrate's decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that fourteen-day period as permitted by Civ.R. 53(D)(4)(e)(i)." Defendant timely...
MAGISTRATE DECISION MATTHEW C. RAMBO, Magistrate. { 1} Plaintiff brought this action alleging negligence. After a trial on the issue of liability, the court rendered judgment in favor of plaintiff and the case proceeded to trial on the issue of damages. { 2} At all times relevant, plaintiff was an inmate in the custody and control of defendant at the Toledo Correctional Institution (ToCI) pursuant to R.C. 5120.16. On April 15, 2008, a sliding door unexpectedly closed and struck plaintiff...
ENTRY GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ALAN C. TRAVIS, Judge. { 1} This case is sua sponte assigned to Judge Alan C. Travis to conduct all proceedings necessary for decision in this matter. { 2} On November 4, 2011, defendants filed a motion for summary judgment pursuant to Civ.R. 56(B). On November 18, 2011, plaintiffs filed a response; the accompanying motion for leave to file a long brief pursuant to L.C.C.R. 4(E) is GRANTED. On December 1, 2011, defendants filed a...
JUDGMENT ENTRY ALAN C. TRAVIS, Judge. { 1} This case is sua sponte assigned to Judge Alan C. Travis to conduct all proceedings necessary for decision in this matter. { 2} On December 30, 2011, the magistrate issued a decision recommending judgment for plaintiff. { 3} Civ.R. 53(D)(3)(b)(i) states, in part: "A party may file written objections to a magistrate's decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that...
ENTRY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ALAN C. TRAVIS, Judge. { 1} On October 24, 2011, defendant filed a "motion to dismiss or for summary judgment." On October 27, 2011, the court issued an entry stating that the motion is construed as a motion for summary judgment pursuant to Civ.R. 56(B). On November 4, 2011, plaintiff filed a response. The motion is now before the court for a non-oral hearing pursuant to L.C.C.R. 4(D). { 2} Civ.R. 56(C) states, in part, as follows: {...
DECISION ALAN C. TRAVIS, Judge. { 1} Plaintiffs brought this action alleging negligence. The issues of liability and damages were bifurcated for trial. Following a trial on the issue of liability, the court issued judgment in favor of plaintiff. 1 The case then proceeded to trial on the issue of damages. 2 { 2} On May 29, 2008, defendants patched potholes on State Route 800 (SR 800) in Monroe County. Later on the same day, plaintiff and three friends were on a motorcycle ride from...
JUDGMENT ENTRY CLARK B. WEAVER, SR., Judge. { 1} Plaintiff brought this action alleging breach of contract. Defendant, Ohio Department of Natural Resources (ODNR), filed an answer and counterclaim seeking damages for trespass and for the destruction of trees on public property. A trial was held on the issues of liability and damages. On October 6, 2011, the magistrate issued a decision recommending that plaintiff be awarded nominal damages in the amount of $700 for breach of the license...
DECISION CLARK B. WEAVER, SR., Judge. { 1} This matter came before the court for an evidentiary hearing to determine whether Michael A. Rees, M.D., Ph.D. is entitled to civil immunity pursuant to R.C. 2743.02(F) and 9.86. This case arises from an incident in which Dr. Rees, a surgeon, struck plaintiff, a surgical technician, with his foot during a surgery at the defendant hospital on June 6, 2009. Although it is undisputed that Dr. Rees is an employee of defendant, plaintiff alleges that Dr....
DECISION CLARK B. WEAVER, SR., Judge. { 1} An evidentiary hearing was conducted in this matter to determine whether Mark Harding, M.D., and Sasidhar Kilaru, M.D., are entitled to civil immunity pursuant to R.C. 2743.02(F) and 9.86. This case arises out of the medical treatment rendered to plaintiff, JoAnn Abraham, on October 12-14, 2007, at Good Samaritan Hospital in Cincinnati, Ohio. { 2} R.C. 2743.02(F) states, in part: { 3} "A civil action against an officer or employee, as defined...
DECISION CLARK B. WEAVER, SR., Judge. { 1} Plaintiff brought this action alleging negligence. The issues of liability and damages were bifurcated and the case proceeded to trial on the issue of liability. { 2} This case arises as a result of a motor vehicle collision that occurred at approximately 1:30 p.m. on January 26, 2005, in the town of Streetsboro, Portage County, Ohio. Plaintiff was a passenger in a van that was traveling westbound on State Route (SR) 14 and operated by plaintiff'...
ENTRY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT CLARK B. WEAVER SR., Judge. { 1} On September 12, 2011, defendants filed a "motion to dismiss or motion for summary judgment." On September 13, 2011, the court issued an entry construing the motion as one for summary judgment pursuant to Civ.R. 56(B), and setting it for a non-oral hearing. Plaintiff filed a response to the motion on September 26, 2011. The motion is now before the court for a non-oral hearing pursuant to L.C.C.R. 4. {...
DECISION ALAN C. TRAVIS, Judge { 1} On August 22, 2011, defendant filed a motion for summary judgment pursuant to Civ.R. 56(B). On October 3, 2011, plaintiff filed a response. On October 7, 2011, defendant filed a motion for leave to file a reply. On October 18, 2011, plaintiff filed a motion to strike defendant's motion for leave and defendant filed a response on October 28, 2011. Upon review, defendant's motion for leave is DENIED and plaintiff's motion to strike is DENIED as moot....
MAGISTRATE DECISION CLARK B. WEAVER SR., Judge. { 1} Pursuant to Civ.R. 53, Magistrate Lewis F. Pettigrew was appointed to conduct all proceedings necessary for decision in this matter. { 2} Plaintiff brought this action alleging breach of contract. Defendant, Ohio Department of Natural Resources (ODNR), filed an answer and counterclaim seeking damages for trespass and for the destruction of trees on public property. The issues of liability and damages were not bifurcated and the case...
JUDGMENT ENTRY JOSEPH T. CLARK, Judge { 1} On September 14, 2011, the magistrate issued a decision recommending judgment for defendant. { 2} Civ.R. 53(D)(3)(b)(i) states, in part: "A party may file written objections to a magistrate's decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that fourteen-day period as permitted by Civ.R. 53(D)(4)(e)(i)." No objections were filed. { 3} The court determines that there is no error...
DECISION JOSEPH T. CLARK, Judge { 1} An evidentiary hearing was conducted in this matter to determine whether Daren Johnson and Kenneth Koverman are entitled to civil immunity pursuant to R.C. 2743.02(F) and 9.86. 1 The case arises out of a traffic accident that occurred on September 16, 2005, at approximately 1:45 a.m. Plaintiff was driving his pick-up truck with two passengers on northbound Interstate 75 (I-75) just north of State Route 309 in Allen County, when it spun on wet pavement...
JUDGMENT ENTRY JOSEPH T. CLARK, Judge. { 1} On August 19, 2011, the magistrate issued a decision recommending judgment for defendant. { 2} Civ.R. 53(D)(3)(b)(i) states, in part: "A party may file written objections to a magistrate's decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that fourteen-day period as permitted by Civ.R. 53(D)(4)(e)(i)." Plaintiff timely filed his objections. { 3} Civ.R. 53(D)(3)(b) further...
