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Three Recent Ohio Supreme Court Rulings

Indictment Charging Child Endangerment as Third-Degree Felony May Be Amended to Include Serious Physical Harm Element

From the site: "2009-0678.  State v. Pepka, Slip Opinion No. 2010-Ohio-1045.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-1045.pdf

View oral argument video of this case.

The Supreme Court of Ohio ruled today that an indictment that charges a defendant with child endangering in violation of R.C. 2919.22(A) as a third-degree felony, but does not contain language that the victim suffered serious physical harm, adequately informs the defendant of the charge against which he must defend and is therefore legally sufficient."

 

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Source: The Supreme Court of Ohio, 25 March 2010.

 

Insured Party's Conviction Based on No-Contest Plea Is Not Admissible in Declaratory Action to Deny Coverage

Where Insurer Seeks Judgment That Insured's Illegal Acts Caused His Loss

 

From the site: "2009-0321.  Elevators Mut. Ins. Co. v. J. Patrick O'Flaherty's, Inc., Slip Opinion No. 2010-Ohio-1043.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-1043.pdf

View oral argument video of this case.

 

The Supreme Court of Ohio ruled today that Ohio rules of evidence and criminal procedure prohibit the use of a policyholder's criminal convictions based on no-contest pleas in a civil action in which an insurer seeks a declaratory judgment denying coverage under its policy."

 

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Source: The Supreme Court of Ohio, 24 March 2010.

 

Supreme Court Upholds 2005 Legislation Limiting Workplace Intentional Tort Lawsuits

Statute Requires Injured Worker to Show Employer 'Intended to Cause Injury'

From the site: "In two separate decisions announced today, the Supreme Court of Ohio upheld as constitutional a 2005 state law that limits the ability of workers who are injured on the job to sue their employers for a "workplace intentional tort" in addition to receiving state workers' compensation benefits. The challenged statute requires that workers asserting intentional tort claims against their employer must prove that, in committing the acts or omissions that resulted in a worker's injuries, the employer acted "with a deliberate intent to cause injury."

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Source: The Supreme Court of Ohio, 23 March 2010.

Full post as published by Stark County Law Library Blawg on March 30, 2010 (boomark / email).