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 O’Donnell v. Bd. of Educ., 3rd Dist. Logan No. 8-18-048, 2019-Ohio-4521, an Ohio appellate court held that it was not an abuse of discretion for a trial court to affirm a school board decision under R.C. 3319.16 to terminate a superintendent contrary to a recommendation of a referee. In this case, […]
In the case of Walton v. Valley View Local School Dist., 2nd Dist. Montgomery No. 28354, 2019-Ohio-4189, an Ohio appellate court held that a school district may not recoup money overpaid to its employees from contracts not related to the overpayment. In this case, the treasurer of a school district determined that a coach had […]
In the case of State ex rel. CNN, Inc. v. Bellbrook-Sugarcreek Local Sch., 2nd Dist. Greene No. 2019CA0047, 2019-Ohio-4187, an Ohio appellate court held that confidential student records under Ohio’s Student Privacy Act (“OSPA”) – i.e., R.C. 3319.321 – do not become public records because the student whom the student records concern dies. In this […]
In the case of Squire v. Carlisle Twp., 9th Dist. Lorain No. 18CA011435, 2019-Ohio-3984, an Ohio appellate court held that there is no clear Ohio public policy requiring all public employees to have an opportunity to return to lower positions following promotions. In this case, a road worker for a township was promoted to acting […]
In the case of City of Oberlin v. Lorain Cty. Joint Vocational School Dist. Bd. of Edn., 9th Dist. Lorain County No. 18CA011338, 2019-Ohio-3977, an Ohio appellate court held that the law at the time of the contract will be binding on parties, even if the contract was signed 40 years ago. In this case, […]
In the case of Stykes v. Colerain Twp., 1st Dist. Hamilton No. C-180260, 2019-Ohio-3937, an Ohio appellate court held that a political subdivision’s failure to maintain stop signs may not expose it to liability. In this case, a motorcyclist was involved in an accident at an intersection with a missing stop sign and sued the […]
In the case of Robertson v. St. Clare Commons, 6th Dist. Wood No. WD-18-086, 2019-Ohio-3930, an Ohio appellate court held that the open and obvious risk doctrine may still apply to disabled individuals who are otherwise of sound mind and independent mobility. In this case, a resident of a skilled care facility using a motorized […]
In the case of Milatz v. Cincinnati, 1st Dist. Hamilton No. C-180272, 2019-Ohio-3938, an Ohio appellate court held that the faulty assembly of a safety utility box was not an “attendant circumstance” — i.e., a distraction that causes someone to suffer an injury — to obviate an open and obvious hazard. In this case, an […]