First Department modifies order, denying summary judgment to all parties in multi-vehicle accident where both bus and truck committed Vehicle and Traffic Law violations, creating triable issues of comparative fault.
The Second Department affirmed denial of summary judgment for both a property owner and wire owner in a motorcycle accident caused by a low-hanging communications wire weighed down by a fallen tree branch.
The Second Department affirmed denial of summary judgment in an e-bike collision case, finding the defendants’ own evidence presented conflicting accounts of the accident.
The Tenth District denied a Columbus police officer statutory immunity in a fatal K-9 unit shooting, finding genuine factual disputes about whether the officer recklessly perceived a threat before firing.
The Fifth District affirmed summary judgment for deputies in a K-9 bite case, holding that claims alleging a duty to intervene in a K-9 attack are essentially battery claims governed by the one-year statute of limitations, not custodial negligence claims.
The Twelfth District affirmed summary judgment on res judicata grounds, holding that a prior summary judgment ruling on a premises liability claim was a final judgment on the merits even though the plaintiff later voluntarily dismissed the case under Civ.R. 41(A).
The Eighth District reversed judgment on the pleadings for the City of Cleveland, holding that the discovery rule applies to the two-year statute of limitations for political subdivision tort claims and that immunity questions cannot be resolved on the pleadings when the relevant facts are in dispute.
The Eighth District affirmed summary judgment for Winking Lizard Tavern and Cintas on a slip-and-fall claim, finding the floor mat hazard was open and obvious and the plaintiff failed to demonstrate a genuine issue of material fact on the attendant-circumstances exception.
The Ninth District reversed summary judgment for a property owner in a sidewalk fall case, holding that the open-and-obvious doctrine does not override negligence per se based on a municipal ordinance requiring sidewalk maintenance, and that the plaintiff’s statement about tripping was admissible as an excited utterance.
The Eleventh District affirmed summary judgment for PetSmart after a cat died during a routine nail trimming, holding that the owners failed to present evidence of a wrongful act or negligence that caused the death and that emotional distress claims are barred for loss of personal property under Ohio law.