Douglas Brendamour, Beth Brendamour, Douglas Brendamour, Trustee, Beth Brendamour, Trustee, Tom Kereiakes, Trustee, Kathryn Ann Weichert Kranbuhl, Kathryn Ann Weichert Kranbuhl, Trustee v. The City Council of the City of The Village of Indian Hill, Planning Commission of The City of The Village of Indian Hill, The City of The Village of Indian Hill, Eric Kahn, Allison A. Kahn, Eric S. Kahn, Trustee, Allison A. Kahn, Trustee
Case #C200026
Quote from Judge Winkler's Opinion:
These consolidated administrative appeals stem from a decision made by defendants-appellees the City Council of the City of the Village of Indian Hill, Planning Commission of the City of the Village of Indian Hill, and the City of the Village of Indian Hill (collectively “Indian Hill”) to grant the residential zoning application of intervenors-appellees Eric and Allison Kahn, and Eric and Allison Kahn, Trustees (collectively the Kahns).
The Kahns purchased a vacant, five-acre lot in Indian Hill and sought Indian Hill’s approval to build a home on the property. Abutting property owners plaintiffs-appellants Douglas and Beth Brendamour, Douglas and Beth Brendamour, Trustees, Tom Kereiakes, Trustee (collectively “the Brendamours”), Kathryn Ann Weichert Kranbuhl, Trustee, and Kathryn Ann Weichert Kranbuhl (collectively “Kranbuhl”) objected to the Kahns’ zoning application. Indian Hill approved the Kahns’ application, and the Brendamours and Kranbuhl filed complaints in the trial court. The trial court ultimately upheld Indian Hill’s decision, and the Brendamours and Kranbuhl now appeal the trial court’s judgment. For the reasons set forth below, we affirm the judgment of the trial court.
State of Ohio v. Alumin Muhammadel
Case #C190683
Quote from Judge Winkler's Opinion:
Alamin Muhammadel appeals the judgment of the Hamilton County Municipal Court convicting him of assault, in violation of R.C. 2903.13. He maintains that the state violated his constitutional speedy-trial right where there was a two-year delay in apprehending him after the filing of the complaint. Upon weighing the relevant factors, we hold Muhammadel’s constitutional speedy-trial right was not violated in this case. Accordingly, we affirm.
This appeal involves a prosecution for a misdemeanor assault that commenced for speedy-trial purposes on October 17, 2017. On that day, Cincinnati Police Officer Alphonso Staples responded to the scene in the central business district of Cincinnati to assist Pamela Martin. She contended that Muhammadel had punched and kicked her, causing injury to her hand, before disappearing. In addition to searching for Muhammadel that day, Officer Staples filed a complaint and obtained an arrest warrant. The arrest warrant contains detailed identification information such as Muhammadel’s date of birth and control number, but lists his address as “no home,” consistent with information from the police data base and Martin.
Sophia White, Antonio White v. Abubakar Atiq Durrani, M.D., Center for Advanced Spine Technologies, Inc.
Case #C190402
Quote from Judge Myers' Opinion:
Sophia and Antonio White appeal the trial court’s entry of summary judgment in favor of Abubakar Atiq Durrani, M.D., and the Center for Advanced Spine Technologies, Inc., (“CAST”) on their vicarious-liability claim stemming from a surgery performed on Mrs. White by CAST physician, Nael Shanti, M.D., and the trial court’s entry granting a directed verdict in favor of Dr. Durrani on their claims for negligence and lack of informed consent, and in favor of CAST and Dr. Durrani on their claims for fraud. For the reasons that follow, we affirm the judgment of the trial court.
After injuring her back at work, Sophia White sought treatment with Dr. Shanti in January 2012. Dr. Shanti was employed by CAST, a corporation owned by Dr. Durrani. Initially, Dr. Shanti recommended treating Mrs. White’s back pain with injections, but when the injections failed to provide her relief, Dr. Shanti recommended back surgery.
Prior to the surgery, Mrs. White executed two informed-consent forms, one at the CAST office several days before the surgery and one at West Chester Hospital on the day of the surgery. The CAST form indicated that Mrs. White consented to an “L5-S1 Laminotomy & Discectomy,” and the hospital form indicated that she consented to a “Bilateral Lumbar 5-Sacral 1 Laminotomy and Discectomy,” to be performed by “Dr. Shanti.”