Justia Ohio Supreme Court Opinion Summaries

Thomas Tindira was a member of Ohio Police and Fire Pension Fund (OP&F) while working as a police officer with Lakewood Police Department. Before he resigned from the department, Tindira filed his application for disability benefits with OP&F, including in his list of disabling conditions PTSD, anxiety disorder, and major depression. The OP&F board of trustees determined that Tindira was disabled but denied his claim for disability benefits. The court of appeals denied Tindira a writ of mandamus to compel appellees, OP&F and its board of trustees, to vacate the board's denial of his claim and to award him disability benefits and attorney fees. The Supreme Court reversed and granted the writ, holding that the pension fund and its board abused their discretion in denying disability benefits as Tindira had established his entitlement to the benefits. View "State ex rel. Tindira v. Ohio Police & Fire Pension Fund" on Justia Law

Travis Carpenter, a Clinton Township police officer, was involved in a motor vehicle accident outside his own jurisdiction while responding to a general dispatch call for assistance from an officer in another jurisdiction. The passenger in the vehicle that collided with Carpenter's vehicle filed a personal-injury suit naming as defendants, inter alia, Carpenter and Clinton Township. The trial court granted summary judgment to Carpenter and Clinton Township, concluding that they were entitled to immunity under Ohio Rev. Code 2744 because Carpenter was on an emergency call for purposes of the statute as he had a professional obligation to respond to the dispatch. The appellate court affirmed. The Supreme Court affirmed, holding that Carpenter could be considered to have been on an emergency call at the time of the accident for purposes of chapter 2744 when the evidence was insufficient to establish the existence of a mutual-aid agreement between the jurisdictions because application of the immunity statutes in this case did not depend on whether a mutual-aid agreement existed. View "Smith v. McBride" on Justia Law

Mike Gilb, who had been appointed to fulfill a second unexpired term on the Mason City Council, took out candidate petitions for the upcoming general election for city council. Relators, registered voters and city residents, sent Respondents, the county board of elections, a letter claiming that Gilb was ineligible pursuant to the term-limit provisions of the city charter. The board considered the letter at its regular meeting, determining that there was no action for it to take at the time. Subsequently, Relators filed an expedited election action, requesting a writ of prohibition to prevent Respondents from certifying Gilb as a candidate and a writ of mandamus to compel Respondents to sustain their protest. The Supreme Court (1) denied Relators' prohibition claim because they failed to establish their entitlement to the requested relief as (a) Respondents had not exercised or were not about to exercise quasi-judicial power, and (b) Relators did not establish that they lacked an adequate remedy in the ordinary course of law to challenge Gilb's candidacy; and (2) dismissed Relators' mandamus claim for lack of jurisdiction. View "State ex rel. Miller v. Warren County Bd. of Elections" on Justia Law

Employee splashed bleach in her left eye while working for Employer. While Employee lost little vision as a result of the accident, Employee experienced other complications, including light sensitivity and reduced depth perception. Employee subsequently underwent a corneal transplant. Employee sought scheduled-loss compensation under Ohio Rev. Code 4123.57(B), alleging she had sustained a total loss of vision in her left eye due to the removal of her cornea. A staff hearing officer for Industrial Commission of Ohio agreed and awarded Employee a total loss of use. Employer filed a complaint in mandamus. The court of appeals issued a writ ordering the commission to vacate its order, concluding that the commission had abused its discretion in awarding compensation for a total loss of vision. The Supreme Court affirmed the judgment of the court of appeals pursuant to State ex rel. Baker v. Coast to Coast Manpower, L.L.C. View "State ex rel. Dolgencorp, Inc. v. Indus. Comm'n" on Justia Law

Corey Hazel filed a writ of habeas corpus to compel his release from prison. With his petition, Hazel filed an affidavit of indigency and sought waiver of prepayment of the court's filing fees. The court of appeals dismissed the petition, holding that the petition was defective because Hazel failed to include in his affidavit of indigency a statement setting forth his balance in his inmate account for the preceding six months, as certified by the institutional cashier, in violation of Ohio Rev. Code 2969.25(C). The Supreme Court affirmed, holding the court of appeals did not err in finding the petition defective because (1) the petition was in violation of section 2969.25(C), (2) as Hazel could have raised his claims in a previous habeas corpus case, res judicata barred Hazel from filing a successive habeas corpus petition, and (3) as Hazel's petition did not state a facially valid habeas corpus claim, the appellate court's dismissal without prior notice was proper. View "Hazel v. Knab" on Justia Law

After Employee was fired by Employer, Employee filed an action against Employer, claiming wrongful discharge in violation of public policy. Employee argued that he was fired because he had expressed concerns about the safety of Employer's workplace to outside parties. Employer asserted it terminated Employee for insubordination. The trial court granted summary judgment to Employer, concluding that Employee failed to articulate a clear specific public policy that was jeopardized by his termination. The appellate court reversed, holding that there was a clear public policy favoring fire safety in the workplace and that retaliation against employees who raise concerns over fire safety violates public policy. The Supreme Court reversed, holding that Employee did not articulate a clear public policy applicable to his claim of wrongful discharge in violation of public policy. View "Dohme v. Eurand Am., Inc." on Justia Law

Plaintiffs, lakefront property owners and others, filed a complaint for declaratory judgment and mandamus against the Ohio Department of Natural Resources (ODNR) and the State, seeking declarations that owners of property abutting Lake Erie hold title to the land between the high-water mark and the actual legal boundary of their properties as defined in their deeds or a writ of mandamus to compel ODNR to compel the State to compensate them for its alleged taking of the property. The trial court subsequently consolidated the action of other Plaintiffs claiming ownership of their land to the low-water mark of Lake Erie. The trial court concluded that the public-trust territory of Lake Erie was a moveable boundary consistent with the water's edge. The appellate court affirmed the trial court's holdings regarding the boundary of the public trust. The Supreme Court reversed in part, holding (1) the territory of Lake Erie is held in public trust and extends to the natural shoreline, which is the line at which the water usually stands when free from disturbing causes; and (2) the boundary of the public trust does not change from moment to moment, and artificial fill cannot alter the boundary. Remanded. View "State ex rel. Merrill v. Dep't of Natural Res." on Justia Law

On May 23, 2011, John Coble filed with the board of elections a nominating petition to run for municipal court judge at the November 8, 2011 election. On June 1, 2011, Coble withdrew his candidacy. On June 13, 2011, Coble filed a new nominating petition for the same office and the same election. On July 29, 2011, the board rejected Coble's petition and refused to certify him as a candidate for municipal court judge based on a directive issued on July 22, 2011 by the secretary of state declaring that a person who withdraws his candidacy for office cannot file a new declaration and petition for the same office at the same election. Coble subsequently filed an expedited election action for a writ of mandamus to compel the board to certify him and place his name on the November 8, 2011 election ballot. The Supreme Court granted the writ, holding that the board of elections abused its discretion and clearly disregarded applicable law by rejecting Coble's candidacy for municipal court judge due to an applicable exception in Coble's case. View "State ex rel. Coble v. Lucas Cty. Bd. of Elections" on Justia Law

This case arose because the settlement of a personal-injury suit brought by a recipient of workers' compensation benefits against a third-party tortfeasor did not make any provision to repay the statutory subrogee, the Ohio Bureau of Workers' Compensation. The Bureau brought suit against both the recipient of the workers' compensation benefits and third-party tortfeasor under Ohio Rev. Code 4123.931(G) to recover the full amount of its subrogation interest. The trial court held that a two-year limitations period applied and that it had expired. The court of appeals reversed, holding that a six-year limitations period applied and that it had not yet run out. At issue on appeal was whether a claim under section 4123.931(G) brought by a statutory subrogee to recover its subrogation interest is subject to a two-year statute of limitations, the same period applicable to the injured worker's personal-injury suit against the third party, or to a six-year statute of limitations for an action on a liability created by statute. The Supreme Court affirmed the court of appeals, holding that the claim in this case was an action upon a liability created by statute and that the statute of limitations was six years. View "Ohio Bureau of Workers Comp. v. McKinley" on Justia Law

The South Euclid City Council enacted an ordinance that amended the zoning for certain property. Relators, city residents, filed a referendum petition seeking submission of the ordinance to the city's electorate. The city council denied the petition because Relators had not filed a certified copy of the ordinance with the city's finance director. Relators then filed the present action, seeking a writ of mandamus to compel the city council clerk to determine the referendum petition was valid, to compel the clerk to communicate that determination to the city council, and to compel the city council to repeal the ordinance or submit it to the electors. The Supreme Court granted the writ, holding that Relators established their entitlement to the requested relief as (1) the clerk of council and city council abused their discretion and disregarded Ohio Rev. Code 731.32 by determining that Relators had not complied with the statute by filing a copy of the ordinance with the clerk of council instead of the city's director of finance; and (2) the ordinance was not exempt from referendum even though it contained an emergency declaration. View "State ex rel. Julnes v. S. Euclid City Council" on Justia Law