O'DONNELL, J. { 1} Warren H. Leimbach II, M.D., appeals from a judgment of the Tenth District Court of Appeals, which reversed the trial court's grant of a directed verdict in his favor in an action seeking recovery for injuries following a medical procedure he performed on Robert N. White, allegedly without informed consent. At issue in this appeal is whether a claimant must present expert testimony on each element of the cause of action for failure to obtain informed consent to establish...
McGEE BROWN, J. { 1} This is an action by relators, owners of land located downstream from the western spillway of Grand Lake St. Marys, for a writ of mandamus to compel respondents, the Ohio Department of Natural Resources ("ODNR") and its director, Scott A. Zody, 1 to initiate appropriation proceedings for the physical taking of their property resulting from flooding caused by a spillway constructed by respondents and the state's lake-level-management practices. We find that relators'...
Per Curiam. { 1} We affirm the court of appeals' judgment dismissing the petition of appellant, La'Mon R. Akemon Jr., for a writ of mandamus to compel appellee, Hamilton County Court of Common Pleas Judge Jody M. Luebbers, to direct the clerk of the common pleas court to serve him with notice of a decision and judgment entry in the underlying case so that he can file an appeal. { 2} Even if the judge did not direct the proper service of the judgment on Akemon, "he is not entitled to...
Per Curiam. { 1} Relator, Angela Dawson, requests a writ of mandamus to compel respondent, Bloom-Carroll Local School District, to provide her with access to (1) itemized invoices of law firms providing services to the district in matters pertaining to Dawson and her children and (2) communications from the school district's insurance carrier identifying attorney Janet Cooper as the district's legal representative and describing the liability and exposure of the district and insurance...
{ 1} The discretionary appeal is accepted. { 2} The judgment of the court of appeals is vacated and the cause is remanded to the court of appeals for application of Dohme v. Eurand Am., Inc., 130 Ohio St.3d 168 , 2011-Ohio-4609, 956 N.E.2d 825. O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
Per Curiam. { 1} Patrick Donohoe died from injuries sustained in a workplace accident. His widow, Catherine M. Donohoe, appellee and cross-appellant, has filed an application for additional workers' compensation benefits, claiming that his accident resulted from his employer's violations of specific safety requirements ("VSSRs") governing the construction industry. Appellee, Industrial Commission of Ohio, denied her application, but the Court of Appeals for Franklin County vacated the order...
{ 1} The judgment of the court of appeals is affirmed on the authority of Barbee v. Nationwide Mut. Ins. Co., 130 Ohio St.3d 96 , 2011-Ohio-4914, 955 N.E.2d 995. O'CONNOR, C.J., and LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN, JJ., concur. PFEIFER, J., dissents.
{ 1} The judgment of the court of appeals is reversed on the authority of State v. Lester, ___ Ohio St.3d ___, 2011-Ohio-5204, ___ N.E.2d ___. O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, CUPP, and McGEE BROWN, JJ., concur. LANZINGER, J., dissents.
{ 1} The judgment of the court of appeals is affirmed on the authority of State v. Lester, ___ Ohio St.3d ___, 2011-Ohio-5204, ___ N.E.2d ___. O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, CUPP, and McGEE BROWN, JJ., concur. LANZINGER, J., dissents.
Per Curiam. { 1} Respondent, Percy Squire of Columbus, Ohio, Attorney Registration No. 0022010, was admitted to the practice of law in Ohio in 1981. { 2} On February 17, 2009, relator, Disciplinary Counsel, filed his initial complaint charging Squire with a single count of misconduct arising from his alleged mishandling of a $25,000 flat fee. The matter proceeded, however, on relator's five-count second amended complaint, which charged Squire with multiple violations of the Rules of...
{ 1} The certification of conflict is dismissed, sua sponte, as having been improvidently certified. O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN, JJ., concur.
{ 1} The cause is remanded to the court of appeals for application of State v. Williams, 129 Ohio St.3d 344 , 2011-Ohio-3374, 952 N.E.2d 1108 . O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, LANZINGER, CUPP, and McGEE BROWN, JJ., concur. O'DONNELL, J., dissents.
{ 1} The judgment of the court of appeals is reversed, and the cause is remanded for application of State v. Williams, 129 Ohio St.3d 344 , 2011-Ohio-3374, 952 N.E.2d 1108 . O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, LANZINGER, CUPP, and McGEE BROWN, JJ., concur. O'DONNELL, J., dissents and would affirm the judgment of the court of appeals.
Per Curiam. { 1} This is an appeal from a judgment dismissing a complaint for a writ of mandamus. The requested writ seeks to compel a public employer to provide an employee with either back pay or vacation-leave credit for the period between the employee's certification by his treating physician that he was able to return to work and his reinstatement to the payroll by his employer. Because the pertinent statutes and administrative rules do not authorize this relief under the circumstances...
Per Curiam. { 1} This is an appeal from a judgment entered by the court of appeals awarding appellee, Shelby Municipal Court Clerk Alyce F. Cline, $3,503 in attorney fees as sanctions pursuant to R.C. 2323.51 for the frivolous conduct of appellant, Raleigh M. Striker, in a public-records mandamus case. Because the court of appeals did not abuse its discretion in awarding the clerk attorney fees for Striker's frivolous conduct, we affirm the judgment. Facts { 2} In September 2009,...
O'CONNOR, C.J. { 1} This appeal involves the question of whether the superintendent of insurance, in her capacity as the liquidator of an insolvent insurer, is bound by an agreement to arbitrate that was entered into by an insolvent insurer in cases in which the liquidator does not disavow the contract that contains the arbitration clause. For the reasons explained below, we hold that the liquidator is not bound by the insolvent insurer's agreement when the liquidator's claims do not arise...
CUPP, J. { 1} We are asked to determine this certified question: Is a nunc pro tunc judgment entry that is issued for the sole purpose of complying with Crim.R. 32(C) to correct a clerical omission in a prior final judgment entry a new final order from which a new appeal may be taken We conclude that no new right of appeal is created by such an entry, and we affirm the judgment of the court of appeals. I. Background { 2} In 2006, a jury found appellant, Steven Lester, guilty of various...
Per Curiam. { 1} Respondent, Shawn Javon Brown of Cleveland, Ohio, Attorney Registration No. 0079331, was admitted to the Ohio bar in 2005. { 2} In November 2009, we suspended Brown for failing to register with the Office of Attorney Services for the 2009/2011 biennium, as required by Gov.Bar R. VI. In re Attorney Registration Suspension of Brown, 123 Ohio St.3d 1475 , 2009-Ohio-5786, 915 N.E.2d 1256. Brown is still under this suspension. { 3} Between June 29, 2009, and January 14,...
Per Curiam. { 1} Respondent, John Brooks Cameron of Medina, Ohio, Attorney Registration No. 0055800, was admitted to the practice of law in Ohio in 1991. In December 2009, relator, Medina County Bar Association, filed a two-count complaint charging Cameron with two violations of the Rules of Professional Conduct, arising from his conduct during litigation against him for the collection of fees for expert consulting services. { 2} A panel of the Board of Commissioners on Grievances and...
LANZINGER, J. { 1} This discretionary appeal was accepted in a personal-injury case involving a summary judgment that was reversed by the Eleventh District Court of Appeals. We are asked to determine whether a person injured by a falling tree located near, but outside, the utility's easement, is an intended third-party beneficiary of a contract between a utility and its service contractor. We hold that under the facts of this case, a contract between a utility and a contractor that provides...
