Friday First District Roundup 9-20-19

State of Ohio v. Joshua Nettles
Case #C180535

Quote from Judge Crouse's Opinion:

Defendant-appellant Joshua Nettles appeals from the municipal court’s judgment finding him guilty of assault and sentencing him to 90 days’ incarceration.

In two assignments of error, Nettles argues that his conviction was against the manifest weight of the evidence and the trial court prejudicially limited his right to cross-examine the state’s prosecuting witness. For the following reasons, we overrule both assignments of error and affirm the judgment of the trial court.

Ryan Korengel, a Minor, Individually and by and through his Parents and Next Friends, Donald Korengel and Michelle Korengel, Michelle Korengel, Donald Korengel, Megan Korengel v. Little Miami Golf Center, Hamilton County Park District, Hamilton County Park District - Safety Division, Dennis Wells, in his Official Capacity, Dennis Wells, in his Individual Capacity, et. al
Case # C180416

Quote from Judge Winkler's Opinion:

This appeal, the second in the case, addresses whether defendantsappellants Little Miami Golf Center (the “Golf Center”), Hamilton County Park District, Hamilton County Park District—Safety Division (collectively the “Park District”), and Dennis Wells, a golf professional at the Golf Center acting in his official capacity (collectively “Appellants”), are entitled to summary judgment on the basis of immunity under R.C. Chapter 2744, the Political Subdivision Tort Liability Act, from claims brought by Ryan Korengel and his family, Michelle, Donald and Megan (collectively “Korengels”). The claims are for injuries Ryan sustained as a youth from a falling tree limb that struck him while he was playing golf during a windstorm from Hurricane Ike that overtook the Park District’s Golf Center. At the time of Ryan’s injury, the Golf Center’s clubhouse was equipped with a siren to warn golfers of impeding severe storms, but it was not activated by employees.

State of Ohio v. Thomas Reese
Case #C180412

Quote from Judge Winker's Decision:

Following guilty pleas, defendant-appellant Thomas Reese was convicted of 15 counts of burglary under R.C. 2911.12(A) and one count of receiving stolen property under R.C. 2913.51(A). Under the terms of an agreed sentence, the trial court sentenced him to a total of 14 years in prison. He was also ordered to pay costs and fees for appointed counsel.

Reese has filed a timely appeal from those convictions. He presents two assignments of error for review. We find some merit in his second assignment of error relating to the imposition of fees for appointed counsel. Therefore, we reverse that part of the trial court’s judgment imposing those fees. We find no merit in his remaining arguments, and we affirm the trial court’s judgment in all other respects.

Julie Freeman v. Abubakar Atiq Durrani, M.D., The Center for Advanced Spine Technologies, Inc., Cincinnati Children's Hospital Medical Center, Inc., The Christ Hospital, Inc.
Case # C180197

Quote from Judge Crouse's Opinion:

Plaintiff-appellant Julie Freeman appeals the trial court’s denial of her motion for leave to amend her complaint, and the trial court’s grant of the Christ Hospital, Inc. (“Christ”) and Cincinnati Children’s Hospital Medical Center, Inc.’s, (“Cincinnati Children’s”) motion to dismiss the complaint and the Center for Advanced Spine Technologies, Inc., (“CAST”) and Abubakar Atiq Durrani, M.D.’s, (“Durrani”) motion for judgment on the pleadings. For the reasons that follow, we affirm the judgment of the trial court.

State of Ohio v. Thomas Reese
Case #C180126

Quote from Judge Winkler's Opinion:

Following guilty pleas, defendant-appellant Thomas Reese was convicted of 15 counts of burglary under R.C. 2911.12(A) and one count of receiving stolen property under R.C. 2913.51(A). Under the terms of an agreed sentence, the trial court sentenced him to a total of 14 years in prison. He was also ordered to pay costs and fees for appointed counsel.

Reese has filed a timely appeal from those convictions. He presents two assignments of error for review. We find some merit in his second assignment of error relating to the imposition of fees for appointed counsel. Therefore, we reverse that part of the trial court’s judgment imposing those fees. We find no merit in his remaining arguments, and we affirm the trial court’s judgment in all other respects.

State of Ohio v. Brian McConnell
Case #C180551

Quote from Judge Crouse's Opinion:

The state of Ohio appeals from the trial court’s judgment granting defendant-appellee Brian McConnell’s application to seal his record of conviction. For the reasons set forth below, we affirm the trial court’s judgment.

Parneet S. Sohi v. Sycamore Township, Ohio, Board of Trustees
Case #C180288

Quote from Judgment Entry:

We consider this appeal on the accelerated calendar, and this judgment entry is not an opinion of the court. See Rep.Op.R. 3.1; App.R. 11.1(E); 1st Dist. Loc.R. 11.1.1.

Plaintiff-appellant Parneet S. Sohi was the sole member of Sean S. Properties, LLC, and Sean Holding Company, LLC. Sean S. Properties formerly owned property at 7767 Montgomery Road in Sycamore Township. Sean Holding Company formerly owned property at 7775 Montgomery Road in Sycamore Township. On December 5, 2017, Sohi filed a lawsuit claiming that Sycamore Township had violated Ohio’s Open Meetings Act, R.C. Chapter 121, on several occasions. In the first cause of action, Sohi claimed that the township had violated the act in 2008, when it created and adopted a master plan for property acquisition. In the second cause of action, Sohi claimed that the township had violated the act in 2009, when it purchased the 7767 and 7757 Montgomery Road properties through a third-party buyer. The third cause of action involved a lawsuit filed by the township in 2016 regarding zoning code violations, the authorization for which he claimed violated the Open Meetings Act.

Maggie Knauer v. Abubakar Atiq Durrani, The Christ Hospital, Inc.
Case # C180206

Quote from Judgment Entry:

We consider this appeal on the accelerated calendar, and this judgment entry is not an opinion of the court. See Rep.Op.R. 3.1; App.R. 11.1(E); 1st Dist. Loc.R. 11.1.1.

Plaintiff-appellant Maggie Knauer appeals the grant of judgment on the pleadings in favor of the defendants-appellees, Abubakar Atiq Durrani and the Christ Hospital, Inc. In two assignments of error, Ms. Knauer challenges both the grant of judgment on the pleadings and the denial of her motion for leave to file an amended complaint. Relying on this court’s recent decision in Freeman v. Durrani, 1st Dist. Hamilton No. C-180197, 2019-Ohio-3643, we accordingly overrule Ms. Knauer’s two assignments of error.