Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

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March 2, 2005

Today's topics:   breach of contract (lease), civil services commission, class action, DUI, ERISA, Fair Debt Collection Practices Act, future rents, insurance coverage rejection, judicial estoppel, personal injury: "open and obvious defect", real property valuation, social security disability claim, "superior means" test, "treating physician rule", workers' compensation

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

Borger v. Utical Mutual Ins. (March 2, 2005) (Appeal from Montgomery County)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-570.pdf
Rejection of uninsured/underinsured motorist coverage — Extrinsic evidence — Court of appeals’ judgment reversed on the authority of Hollon v. Clary (http://www.sconet.state.oh.us/rod/newpdf/0/2004/2004-ohio-6772.pdf).

DAK v. Franklin County Board of Revision (March 2, 2005) (Appeal from Board of Tax Appeals)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-573.pdf
Taxation — Real property — Valuation — Party challenging board of revision’s valuation of real property has burden of showing that valuation was incorrect — Board of Tax Appeals has broad discretion to determine weight and credibility of evidence — Appellant fails in burden of proof, when.

Evans v. Wallen (March 2, 2005) (Appeal from Montgomery County)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-571.pdf
Rejection of uninsured/underinsured motorist coverage — Extrinsic evidence — Court of appeals’ judgment reversed and cause remanded on the authority of Hollon v. Clary.(http://www.sconet.state.oh.us/rod/newpdf/0/2004/2004-ohio-6772.pdf).

Motorists Mutual Ins. v. Hohman (March 2, 2005) (Appeal from Shelby County)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-569.pdf
Rejection of uninsured/underinsured motorist coverage — Extrinsic evidence — Court of appeals’ judgment reversed on the authority of Hollon v. Clary. (http://www.sconet.state.oh.us/rod/newpdf/0/2004/2004-ohio-6772.pdf).

State ex rel. Arce v. Industrial Comm.  (March 2, 2005) (Appeal from Franklin County)
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-572.pdf
Workers’ compensation — Specific safety violation — Workshops and factories — Ohio Adm.Code 4123:1-5-01(A) — Date of placement of equipment into service, not date of injury, determines which version of specific safety rule applies when equipment is an installation or construction.
 

First District Court of Appeals

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** Judgment Entries **

Information Leasing Corp. v. McClellan (March 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040467.pdf
ILC leased an ATM to the defendants, but the service provider went bankrupt and the defendants returned the ATM to ILC before the lease was up.  ILC sought damages for breach of contract for future rent.  The trial court found for ILC and awarded damages.  Affirmed.

Meurer v. Las Vegas Vacation Club and Casino (March 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040088.pdf
Meurer sued the defendant, whose attorney withdrew before trial.  Although a trial date was set, the defendant failed to show and Meurer received a judgment.  The defendant, asserting it had not received notice of the trial date, moved for relief of judgment.  The trial court denied the motion.  Defendants appealed.  Reversed and remanded, because trial court's journal did not reflect trial date.

Medlock v. Gavitt (March 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040374.pdf
Plaintiffs sued Gavitt for breach of contract, alleging failure to pay for painting of motorcycle.  Gavitt filed a counterclaim.  The magistrate found for the plaintiffs on their complaint, and on Gavitt's counterclaim.  Gavitt appealed.  Affirmed.

State v. Campbell (March 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040396.pdf
Campbell was charged with speeding and DUI in Cincinnati.  Campbell moved to suppress results of DUI tests and her motion was granted.  Affirmed.

State v. Cook (March 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040370.pdf
Cook appealed conviction for aggravated robbery; his counsel advised the court that there was nothing to support the appeal, pursuant to Anders v. California, 286 U.S. 738.  Appellate counsel sought review by court.  Affirmed, finding no grounds for appeal.

State v. Steele (March 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040528.pdf
Steele was convicted of drug trafficking and sentenced to concurrent 5 year prison terms.  Steele did not appeal conviction but later filed a motion to modify sentence, asserting that the court had not established the necessary findings for applying non-minimum sentences.  The trial court denied the motion, as a motion for post-conviction relief.   Affirmed.

State v. Tardiff (March 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040377.pdf
Tardiff pled to vehicular assault, in exchange for the state dismissing 2 felonious assault charges.  The state recommended a one-year imprisonment, and the trial court imposed a one-year term and 5 year driver's license suspension.  Tardiff moved to reduce the suspension.  The trial court denied the motion.  Affirmed, because the 5 years was within the statutory guidelines.

Stewart v. City of Cincinnati (March 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040210.pdf
Stewart was dismissed from employment by Cincinnati, and it was upheld by the Cincinnati Civil Service Commission.  Stewart appealed more than 30 days after Commission decision.  Trial court dismissed, for lack of jurisdiction because of failure to timely file appeal.  Affirmed.

Weber v. Bickett (March 2, 2005)
http://www.hamilton-co.org/cinlawlib/resources/cases/firstdistrict/2004/C-040237.pdf
Weber and Bickett, next door neighbors, went grocery shopping together.  Weber took her groceries and tripped on a defect in the Bickett's driveway.  She sued for negligent failure to maintain.  Trial court granted summary judgment to Bickett, finding defect was "open and obvious".  Affirmed.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

No opinions.
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

Carroll v. United Compucred Collections, Inc. (March 2, 2005) (Appeal from M.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0101p-06.pdf
The Carrolls filed a class action against United Compucred alleging violations of the Fair Debt Collection Practices Act.  The defendant made them an offer, pursuant to FCRP 68 and an offer of judgment to the class, contingent upon certification.  The class was certified and the district court denied United Compucred's motion to dismiss, asserting that the Carroll's case was moot because the offer to them exceeded what they could recover under the Act.  United Compucred appealed. Affirmed.

Whitaker v. Hartford Life & Accid. Ins. (March 2, 2005) (Appeal from E.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0100p-06.pdf
Whitaker resigned from her position due to physical and mental impairments, and then filed for long term disability benefits governed by ERISA.  The insurer denied the claim.  Whitaker sued and the district court found for the defendant.  Affirmed, finding that insurer did not need to follow "treating physician" rule applied to her social security disability claim.

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