Court Rulings

Trial court did not err in granting summary judgment in favor of employer on a former employee's claim that he was terminated, in violation of R.C. 4123.90, in retaliation for filing a workers' compensation claim and complaint where the former employee failed to prove the employer's articulated reasons for terminating him were a mere pretext for the adverse action. Judgment affirmed.

This is a premises liability case. Appellant, a construction worker, fell from scaffolding while working in Appellee's factory. Specifically, Appellant ran an extension cord across the warehouse floor to reach an electrical outlet to power a screw gun used to install new sheetrock required in the warehouse renovation. Appellee's employee drove a forklift over Appellant's extension cord, entangling the cord and dislodging the scaffolding. The trial court granted summary judgment in favor of Appellee finding that there were no disputes of material fact and that Appellee had no duty to warn Appellant of a dangerous condition that Appellant created. Because there are material factual disputes that preclude the grant of summary judgment, we reverse and remand.

The trial court denied Appellant, employee, relief under the Fair Labor Standards Act, and employee appeals. Because the trial court's judgment does not clearly show that it applied the correct legal standard in deciding the case, we vacate and remand.

The defendant, Lee Harold Cromwell, was convicted of one count of reckless vehicular homicide and eight counts of reckless aggravated assault against nine different victims. The trial court sentenced the defendant as a Range I, standard offender and imposed an effective twelve-year sentence. On appeal, the defendant argues the evidence was insufficient to support his convictions for reckless aggravated assault and challenges various aspects of the jury instructions. The defendant also argues the trial court erred in not merging his eight aggravated assault convictions into his vehicular homicide conviction. Finally, the defendant generally challenges the trial court's sentencing determinations and asserts the cumulative effect of the errors alleged rendered his trial unfair. After our review, we affirm the evidence was sufficient to support the defendant's convictions and the trial court properly sentenced the defendant, but conclude the trial court committed reversible error in instructing the jury as to reckless aggravated assault. Therefore, we vacate the defendant's eight convictions for reckless aggravated assault and remand this case to the trial court for a new trial.

The Attorney General referred the decision of the Board of Immigration Appeals to himself for review. As the respondent had been removed and was no longer in the United States, the Attorney General decided not to review the Board's determination that the respondent was eligible to be released on bond. The Attorney General remanded the case to the Board for any administrative action the Board deems necessary.

Employee handbook unjust enrichment payment of accrued, unused PTO summary judgment

A Shelby County Grand Jury indicted the Defendant, Keith Austin, for attempted first degree murder, aggravated assault, and employment of a firearm during the commission of a dangerous felony. After a jury trial, the Defendant was convicted of the lesser included offense of attempted second degree murder, aggravated assault, and employment of a firearm during the commission of a dangerous felony. The Defendant was sentenced to twenty-six years' incarceration as a Range II, multiple offender. On appeal, the Defendant contends that the evidence is insufficient to support his convictions of attempted second degree murder and employment of a firearm during the commission of a dangerous felony. After review, we affirm the judgments of the trial court.

This suit was brought by the children of a woman who died while incarcerated at Hickman County Jail. Defendant is a contractor of the jail that provides medical services at the jail a nurse in Defendant's employment treated the decedent for symptoms of drug and alcohol withdrawal. She passed away shortly after. The children brought this suit under the Health Care Liability Act claiming negligence and negligent hiring, retention, and supervision. In due course, Defendant moved for summary judgment, arguing, among other things, that there was not a genuine issue of material fact as to causation and it was entitled to judgment as a matter of law on that element of Plaintiffs' claim the trial court granted Defendant's motion and subsequently denied a motion to revise, filed by the Plaintiffs. This appeal followed.

This suit was brought by the children of a woman who died while incarcerated at Hickman County Jail. Defendant is a contractor of the jail that provides medical services at the jail a nurse in Defendant's employment treated the decedent for symptoms of drug and alcohol withdrawal. She passed away shortly after. The children brought this suit under the Health Care Liability Act claiming negligence and negligent hiring, retention, and supervision. In due course, Defendant moved for summary judgment, arguing, among other things, that there was not a genuine issue of material fact as to causation and it was entitled to judgment as a matter of law on that element of Plaintiffs' claim the trial court granted Defendant's motion and subsequently denied a motion to revise, filed by the Plaintiffs. This appeal followed.