12/22/2022

Case Caption Case No. Topics and Issues Author Citation
Smathers v. Glass 2020-1062Torts—Summary judgment—When resolving a case on summary judgment, the trial court does not weigh the evidence in the case—When reviewing a grant of summary judgment, a court of appeals does not defer to the trial court’s determinations but reviews the evidence de novo—R.C. Chapter 2744—When determining government employees’ liability under R.C. 2744.03 on a motion for summary judgment, a court determines not whether the employees acted in a reckless or wanton manner but whether reasonable minds could find that they acted in such a manner when the facts presented are viewed in a light most favorable to the nonmoving party.Brunner, J.Slip Opinion No. 2022-Ohio-4595
Ohio Pub. Works Comm. v. Barnesville 2020-1129Property law—Conveyance of oil and gas interests—Ohio Public Works Commission and Clean Ohio Conservation Fund, R.C. 164.20 et seq.—Deed restrictions on use and transfer—Remedies available at law and in equity—Use and development restrictions in deed apply to both the surface and subsurface of the properties—Court of appeals’ judgment affirmed.Stewart, J.Slip Opinion No. 2022-Ohio-4603
State v. Schubert 2021-0761Criminal law—Fourth Amendment to United States Constitution—Good-faith exception to exclusionary rule—Probable cause—For the good-faith exception to the exclusionary rule to allow the introduction of evidence obtained through a defective search warrant, the affidavit supporting the warrant must evince a minimum connection between the item or place searched and the alleged criminal activity—Good-faith exception to exclusionary rule did not apply to search of cell phones found at automobile-accident scene—Warrant to search cell phones lacked probable cause—Court of appeals’ judgment reversed and cause remanded.Stewart, J.Slip Opinion No. 2022-Ohio-4604
Ames v. Rootstown Twp. Bd. of Trustees 2021-0706Open Meetings Act, R.C. 121.22—When multiple violations of R.C. 121.22 through same conduct are found, a trial court may issue single injunction, and when it does so, it is required to order public body to pay single $500 civil-forfeiture penalty as to all offenses—Court of appeals’ judgment affirmed in part and reversed in part and cause remanded for trial court to revise injunction language.Brunner, J.Slip Opinion No. 2022-Ohio-4605
12/22/2022 Case Announcements  Merit decisions with opinions—Affidavits of disqualification—Mediation matters.  
State ex rel. Waste Mgt. of Ohio, Inc. v. Indus. Comm. 2021-0961Workers’ compensation—R.C. 4123.57(B)—Scheduled-loss benefits—Dependent of an injured worker who died within minutes of his industrial accident entitled to award of scheduled-loss benefits under R.C. 4123.57(B) for decedent’s loss of use of his bilateral arms and legs between time of injury and time of death—Judgment affirmed.Per CuriamSlip Opinion No. 2022-Ohio-4581