Ohio

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Titlesort ascending Summary
City of Toledo, Appellee v. Paul Tellings, Appellant


This Ohio case concerns a Toledo ordinance that limited the ownership of Pit Bull dogs to only one dog per household (respondent had three pit bulls). Essentially, the ordinance classifies a Pit Bull as a “vicious dog” under the vicious dog ordinance even if the dog has not engaged in aggressive or vicious behavior. The Court of Appeals for the Sixth Appellate District found that the ordinance as written was constitutionally vague. The Supreme Court overturned that decision in 2007, 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.

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, 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 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.

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.
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.

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.

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.

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