|Zageris v. Whitehall||
|Youngstown v. Traylor||
Defendant was charged with two misdemeanors after his unrestrained Italian Mastiff/Cane Corso dogs attacked a wire fox terrier and its owner.
Defendant filed a motion to dismiss the charges against him, arguing that YCO 505.19(b) is unconstitutional and a violation of his procedural due process rights.
The Supreme Court of Ohio held that the
municipal ordinance was constitutional because it was “rationally related to the city's legitimate interest in protecting citizens from vicious dogs,” provided “the dog owner with a meaningful opportunity to be heard on the dog's classification,” and did not “label dogs as dangerous or vicious” solely based on their breed type.
|Wemer v. Walker||
In this case, James Wemer appealed the lower courts decision to grant summary judgment in favor of the defendant John Walker. Wemer initially filed suit against Walker alleging that the injuries he suffered from a horse-bite at Walker’s barn was due to negligence and wanton recklessness of Walker. The trial court reviewed the issue and granted summary judgment in favor of Walker based on the Equine Immunity statute. The Court of Appeals reversed and remanded the trial court’s decision on appeal. However, the trial court once against granted summary judgement in favor of Walker and Wemer appealed. On the second appeal, the Court of Appeals determined whether or not Walker was immune from liability under the Equine Immunity statute. The Court of Appeals found that Walker was immune from liability under statute because of the fact that Walker had warned Werner that his horses had a tendency to fight and Wemer voluntarily chose to get involved in separating the horses which led to his injuries. The Court of Appeals focused on the fact that both parties had a knowledge regarding equine activity and that Wemer was unable to establish that Walker’s conduct was willful or wanton under the circumstances presented. As a result, the Court of Appeals affirmed the summary judgment in favor of Walker.
|Toledo v. Tellings - Reversed - 871 N.E.2d 1152 (Ohio, 2007)||
|Toledo v. Tellings||
|Summit County Board of Health v. Pearson||
|Strawser v. Wright||
|State v. Woods||
Defendant was indicted on three counts of aggravated murder, one count of attempted aggravated murder, one count of aggravated burglary, one count of aggravated robbery, and one count of kidnapping in an incident following a dogfight. Following a jury trial, d
efendant was found guilty of aggravated burglary, aggravated robbery and kidnapping. The court reversed and remanded the case to the trial court.
|State v. Weeks||
Defendant was convicted of violating Ohio's animal fighting statute, and appealed. He challenged the conviction, arguing that the statute was unconstitutionally vague and overbroad. The court upheld the conviction. The court ruled that although a portion of the statute was overly vague and broad, that portion was severable from the remainder. The court also held that defendant did not demonstrate that the statute was unconstitutional as applied to him.
|State v. Weekly||