Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.
In the case of Hinton v. Ohio Dept. of Youth Servs., 2022-Ohio-4783, the appellate court dismissed claims of racial discrimination, hostile work environment, and retaliation asserted against an employer pursuant to R.C. Chapter 4112 by minority employees because the minority employee failed to provide proof that such employees were treated less favorably than similarly situated […]
In the case of Doe v. Greenville City Schools, 2022-Ohio-4618, the Ohio Supreme Court held — in a nonbinding plurality opinion — that the absence of a fire extinguisher or other safety equipment within a building of a political subdivision could be a physical defect such that an exception to immunity exists under R.C. 2744.02(B)(4). […]
In the case of James v. New Middletown, 2022-Ohio-4754, the appellate court held that the R.C. 2744.02(B)(2) “proprietary function” exception did not apply to the statutory immunity granted to the village under R.C. Chapter 2744 for flooding damage to a homeowner’s basement because the homeowner failed to produce any evidence that the village either (1) […]
In the case of Ames v. Rootstown Twp. Bd. of Trustees, 2022-Ohio-4605, the Ohio Supreme Court held that, when a public body commits multiple violations of the Open Meetings Act (“OMA”) that are of the same type (i.e., violations of the economic development assistance executive session provision), only a single civil forfeiture penalty shall apply […]
In the case of Smathers v. Glass, 2022-Ohio-4595, the Ohio Supreme Court held that a jury must make findings of fact, based upon the underlying evidence in this case, to determine whether children services agency employees wrongfully caused the death of a child by “wantonly” and “recklessly” failing to protect the deceased child from the […]
In the case of Montgomery v. Island Creek Twp., 2022-Ohio-4757, the appellate court concluded that approximately 20 feet at the end of a township road was part of the public road as there was no evidence that the landowner ever took control over the alleged private road and, therefore, a landowner was required to remove […]
In the case of Ingram v. Regano, N.D.Ohio No. 1:19-cv-2926 (Dec. 21, 2022), a federal district court held that only a school board can waive the attorney-client privilege relating to legal advice provided to a superintendent by the board attorney. In this case, a substitute teacher suing the superintendent argued that the superintendent must disclose […]
In the case of State ex rel. Slacas v. KCI Technologies, Inc., 2022-Ohio-4573, the appellate court held that negligently “upgrading” a sewer system may amount to “maintenance,” but does not amount to “design and construction” for the purposes of determining liability under R.C. Chapter 2744. In this case, homeowners argued that the county negligently designed, […]