The Eighth District affirmed summary judgment for the seller and real estate agent in a residential sale dispute, holding that Ohio’s caveat emptor doctrine barred fraud claims where the buyer purchased a 108-year-old home as-is with an inspection contingency.
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 individual maximum sentences for a jewelry store burglary but remanded for resentencing because the trial court failed to make the disproportionality finding required for consecutive sentences under R.C. 2929.14(C)(4).
The Eighth District reversed the dismissal of a felony OVI enhancement, holding that the defendant failed to make a prima facie showing that a prior uncounseled conviction was constitutionally infirm where signed written waivers documented a knowing waiver of counsel.
The Eighth District reversed in part and remanded a summary judgment dismissing claims that nieces with power of attorney improperly changed a decedent’s life insurance beneficiary, finding res judicata did not bar claims that were not previously litigated on the merits.
The Eighth District affirmed the Court of Claims’ dismissal of a public-records complaint, holding that the City of Shaker Heights’ four-business-day delay in providing a traffic citation and related records was reasonable under R.C. 149.43.
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 Eighth District dismissed an appeal from summary judgment because the trial court’s order did not dispose of all parties and lacked the required Civ.R. 54(B) no-just-reason-for-delay language.