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Real Property

Ohio Court of Appeals (Ninth District)
Uncategorized

Johnson v. Smith — Ninth District reverses summary judgment, holds negligence per se claim for sidewalk defect survives despite open-and-obvious doctrine

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.

Ohio Court of Appeals (Ninth District)
Uncategorized

Anthony v. Woolbright — Ninth District reverses in part, holds trial court improperly scheduled bench trial during jury demand

The Ninth District reversed in part a partition case, holding that the trial court erred in scheduling a bench trial when a valid jury demand had been filed, while affirming the denial of multiple continuance requests and the denial of leave to amend the complaint.

Ohio Court of Appeals (Ninth District)
Uncategorized

In re Haxton — Ninth District affirms removal of estate administrator, holds failure to object to magistrate’s decision forfeits appellate arguments

The Ninth District affirmed the removal of an ancillary estate administrator who had a conflict of interest, holding that his failure to file objections to the magistrate’s decision under Civ.R. 53(D)(3)(b)(iv) forfeited all appellate arguments except plain error, which he did not argue.

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