Ohio

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Titlesort descending Summary
Akron ex rel. Christman-Resch v. Akron


City of Akron, Ohio cat owners filed suit against city, its mayor, and city council president, seeking declaratory judgment that new city code sections, relating to the trapping and euthanization of free-roaming cats, were unconstitutional.  After the Court of Common Pleas, Summit County granted summary judgment to defendants, the cat owners appealed.  The Court of Appeals held that the city's ordinances relating to the trapping and euthanization of free-roaming cats did not violate cat owners' substantive due process rights.  Further, the ordinances which allowed a cat to be euthanized after three business days following the date of impoundment, did not violate cat owners' procedural due process rights or right to equal protection.  Finally, the ordinances, which allowed city to seize free-roaming cats in response to complaints, did not violate the Fourth Amendment and city's actions were covered by sovereign immunity.

Allison v. Johnson


Appellant was injured by appellee’s horse when appellant was standing outside a horse arena waiting for the appellee.

 

The horse began to shuffle backwards and backed into a gate, which popped out of a bracket and struck the appellant in the face.

 

The trial court found and the court of appeals upheld the finding that the appellant was an “equine activity participant” because she was a

spectator

to the “normal daily care of an equine.” In addition, the appellee was determined to be an “equine activity sponsor” due to the fact that he was an “operator” of a stable where the equine activity occurred.

 

Thus, the equine immunity statute of Ohio is applicable to the appellee.

Beckett v. Warren


On a certified conflict from the Court of Appeals, the Supreme Court of Ohio decided here whether a plaintiff pursuing a claim for bodily injuries caused by a dog must elect either a statutory remedy under R.C. 955.28 or a remedy at common law for negligence. The Supreme Court found that the defense's conflict case, Rodenberger v. Wadsworth, 1983 WL 7005, did not turn on the issue of whether both claims could be pursued simultaneously, but rather whether the statutory cause of action abrogated the common law cause of action (which it held did not). In looking at the plain language of R.C. 955.28, the Court found that the statute itself does not preclude a simultaneous common law action for damages for bodily injuries caused by a dog. Under both theories of recovery, compensatory damages remain the same so there is no issue of double recovery. Thus, a plaintiff may, in the same case, pursue a claim for a dog bite injury under both R.C. 955.28 and common law negligence.

Carrelli v. Dept. of Natural Resources


Wildlife rehabilitation permit applicant was denied a permit by the Ohio Department of Natural Resource’s Division of Wildlife. She requested an administrative hearing to challenge the denial of her application. On appeal, the court held that because wildlife rehabilitation permit applicants do not possess a private property interest in wildlife or in receiving a rehabilitation permit, the state may deny a permit based on its own discretion, so long as the decision to deny the permit is reasonably related to the state’s legitimate government interest. Therefore, even when an applicant possesses the proper credentials required to obtain a permit, the state may deny the permit in protecting the state’s legitimate government interest.

Center for Animal Law and Advocacy v. Bryon F. Maggard The Center for Animal Law and Advocacy based on Dayton, Ohio sued the defendant, Bryon Maggard, for his actions taken against his dog, Sadie. On March 17, 2002, the defendant beat Sadie with a skillet, tried to hang her with an electrical cord, and then set her on fire. The Center, which initiates civil litigation on behalf of companion animals and their guardians in an attempt to elevate the legal status of such animals, sued for compensatory damages in the amount of $25,000 to cover costs of Sadie’s veterinary treatment and rehabilitation, and asked the court to prohibit defendant from owning any animals in the future. It should be noted that, according to news accounts, Maggard (age 19 at the time of the assault) received 30 days in jail, was fined $2,000, and was ordered to receive anger and alcohol counseling.
City of Cleveland v. Lupica


Defendant plead no contest to failure to confine and insure her dog after her pit bull attacked a mail carrier.  The trial court's decision to have the dog turned over to the city and destroyed was reversed.  The Court of Appeals found Defendant's no contest plea was not entered knowingly, intelligently or voluntarily.

CITY OF TOLEDO, Appellant, v. Paul TELLINGS, Appellee


This Reply Brief of Appellant City of Toledo was filed for the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

CITY OF TOLEDO, Appellant, v. Paul TELLINGS, Appellee.


This is the City of Toldeo's Appellant Brief filed in the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

CITY OF TOLEDO, Appellant, v. Paul TELLINGS, Appellee.


This Memorandum in Support of Jurisdiction of Appellant City of Toledo was filed for the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

CITY OF TOLEDO, Appellant, v. Paul TELLINGS, Defendant-Appellee.


This is the Ohio Attorney General's amicus brief filed in the Supreme Court case of Toledo v. Tellings (871 N.E.2d 1152 (2007)). The Supreme Court reversed the Court of Appeals decision, finding that the state and the city have a legitimate interest in protecting citizens against unsafe conditions caused by pit bulls.

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