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 Campagna-McGuffin v. Diva Gymnastics Academy, Inc., 2022-Ohio-3885, the Appellate Court held that the assumption of the risk doctrine was applicable in an action brought by the parents of children who were injured during gymnastics conditioning. There are three standards that permit recovery for injuries received during sports and recreation activities: (1) […]
In the case of State ex rel. Stafford v. Carpenter, 2022-Ohio-3848, the Appellate Court held that the trial court erred in its calculation of attorney fees awarded to relator in an action brought against a school board for violations of the Open Meetings Act. Here, the relator argued that the trial court erred in reducing […]
In the case of Nonprasit v. Ohio Teaching Family Assn., 2022-Ohio-3685, the Appellate Court held that the Sylvania Area Joint Recreation District (SAJRD) was entitled to statutory immunity under R.C. Chapter 2744 where a minor was fatally injured at a quarry but failed to identify a physical defect on the premises. Here, the Administratrix of […]
In Keller v. Carroll County Board of Commissioners, Slip Opinion No. 2022-Ohio-3089, the Appellate Court granted political subdivision immunity under R.C. Chapter 2477 to the Carroll County Board of Commissioners against a motorcyclist’s claim seeking liability for a motorcycle accident. Here, the motorcyclist asserted that political subdivision immunity should be stripped from the Carroll County […]
In the case of Bannister v. Knox Cty. Bd. of Edn., 49 F.4th 1000 (6th Cir.2022) the U.S. Sixth Circuit Court of Appeals affirmed the dismissal of Title IX claims asserted by parents against a school board arising from the suicide of their son as there was no evidence that the school board had “actual […]
In the case of Carozza v. Lusk, 2022-Ohio-3272, the court held that a city and police officer were immune from liability pursuant to R.C. Chapter 2744 where the officer collided with another driver in an intersection because the officer was responding to an emergency call and his operation of the vehicle did not constitute willful […]
In the case of Cook v. Metropolitan Sewer District of Greater Cincinnati, 2022-Ohio-3245, the appellate court held that the trial court erred in sua sponte — i.e., on the trial court’s own accord — holding that the political subdivision did not enjoy the benefits of R.C. Chapter 2744 political subdivision immunity. Here, the political subdivision […]
In the case of Akron Assn. of Classified Personnel v. Akron City School Dist. Bd. of Edn., 2022-Ohio-3216, the appellate court held that retroactive pay increases for former employees are not collective bargaining rights pursuant to R.C. Chapter 4117, and therefore, the State Employment Relations Board (“SERB”) does not have exclusive jurisdiction over such claims. […]