Slip opinions decided 1994 — Ohio Public Domain Citations

Constitutional law—General Assembly—Am.Sub.H.B. No. 107—Violation of one-subject rule remedied, how—Legislative Act valid under three-consideration provision of Section 15(C), Article II, Ohio Constitution, when.

Motor vehicles—Civil action for bodily injuries—Punitive damages may be awarded, when—Evidence that negligent driver consumed alcohol prior to vehicular accident admissible to justify award of punitive damages—Trial court abuses its discretion in failing to instruct jury that it may award punitive damages, when.

Public records—R.C. 149.43—Hours of availability for inspection of police department's public records—Request for public records must be complied with within a reasonable time—Copies of public records available at actual cost without charges for labor or employee time.

Public records—R.C. 149.43 does not mandate that a city disclose the Social Security numbers of its employees upon demand.

Motions for delayed reinstatement of appeal and for delayed reconsideration denied.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when issues raised are res judicata.

Attorneys at law—Misconduct—Indefinite suspension—Reciprocal discipline after being disbarred in the District of Columbia and Pennsylvania for conviction of conspiracy to defraud the United States and bribery of a public official.

Attorneys at law—Misconduct—Public reprimand—Reciprocal discipline for violation of disciplinary rules of Nevada.

Attorneys at law—Misconduct—Public reprimand—Conduct involving dishonesty, fraud, deceit or misrepresentation—Notarizing and witnessing signatures on a deed not signed in his presence.

Criminal law—Drug offenses—Forfeiture of property relating to felony drug abuse offense—R.C. 2925.42—Prior to entering order of forfeiture, trial court must make an independent determination whether forfeiture of that property is an "excessive fine" prohibited by the Excessive Fine Clauses of the Ohio and United States Constitutions.

Mandamus to compel county board of commissioners to pay attorney fees of county court judge's action against board, to compel board to provide suitable court facilities for the county court, and to pay the salary of a probation officer granted, when—Mandamus to compel appropriation of budget requests for the county court and prevention of board's interference in the operation of the county court denied, when.

Taxation—Public utilities—Excise tax—Denial of application for certificate of abatement—R.C. 5703.05—Board of Tax Appeals decision affirmed when overpayment of tax not proven.

Public Utilities Commission—Electric utilities—Acid rain control—Commission's determination approving an environmental compliance plan affirmed, when.

Labor relations—Schools—Where provision of collective bargaining agreement conflicts with state or local law pertaining to a specific exception listed in R.C. 4117.10(A), the law prevails and the provision is unenforceable.

Schools—Determining whether employee is an administrator or a teacher—R.C. 3319.02(A) phrase "working with students" requires the presence of the student(s) when the activity is performed.

Schools—Teachers—Evaluation of teachers under limited contract—Evaluator complies with R.C. 3319.111(B)(3), when.

Schools—Teachers—Labor relations—School board suspends teacher's continuing contract in contravention of trial court's injunction—Teacher wrongfully excluded from his employment—Mandamus appropriate remedy to recover compensation due for period wrongful exclusion from employment.

Schools—Teachers—Nonrenewal of limited teaching contract—Procedural provisions of R.C. Chapter 2506 provide procedure that must be followed in an appeal pursuant to R.C. 3319.11.

Schools—Teachers—Nonrenewal of limited teaching contract—R.C. 3319.11 does not provide procedure that must be followed in an appeal pursuant to subdivision (G)(7)—Procedural provisions of R.C. Chapter 2506 govern—R.C. 3319.11(E) requires that teacher receive actual written notice of board's intent not to renew contract.

Schools—Teachers—R.C. 3319.11 and 3319.111 must be liberally construed in favor of teachers—R.C. 3319.111 does not govern evaluation of teacher employed under a limited contract, when –R.C. 3319.11(G)(2) requires board of education to provide a clear and substantive basis for its decision not to reemploy teacher—Requirements for adequate hearing pursuant to R.C. 3319.11(G)(3), (4) and (5).

Schools—Teachers—R.C. 3319.11(G)(7) provides an exhaustive list of grounds upon which a court orders a teacher to be reemployed—R.C. 3319.111(B) defines evaluation procedures required under former R.C. 3319.111(A)—Requirements for proper evaluation—Failure of board of education to comply with observation requirements of R.C. 3319.111(B)(2) constitutes a failure to comply with evaluation requirements of R.C. 3319.111(A)—Back pay of teacher whose contract was not properly nonrenewed begins to accumulate, when.

Schools—Tutors employed under individual tutor contracts performing learning disabled and English as a second language tutoring services—Mandamus to compel board of education to pay tutors difference between their actual pay as tutors and the pay set forth in collective bargaining agreements' teachers' salary schedules—Court errs in denying writ, when.

Taxation - An organization which restricts membership to selected individuals can be classified as a charitable institution, when.

Taxation—Appeal from Board of Tax Appeals to Supreme Court dismissed, when.

Taxation—Disputes by taxing authorities over incorrect listings of property are appealable to the county board of revision—County budget commission does not have subject-matter jurisdiction to correct listing of annexed parcels to be taxed.

Taxation—Appeals to Board of Tax Appeals on Lake County General Health District assessment—Appeals dismissed for lack of jurisdiciton when appeal not filed within thirty days of receipt of official certificates of resources—R.C. 5705.37, applied.

Taxation—Franchise tax—Application of R.C. 5733.05 in establishing value of corporation's stock—Company preparing its franchise tax return on the net worth basis is bound by its books, when -- Board of Tax Appeals properly accepted values of separate subsidiaries of company as reflected by the company's books, when.

Taxation—Franchise tax—Noninsurance corporation that is a subsidiary of a domestic insurance company is not exempt under R.C. 5725.25 from franchise tax imposed by R.C. 5725.18.

Taxation—Income tax—R.C. 5747.01 allows exclusion of interest on obligations of the United States as netted with the expense incurred to earn the interest income—Phrase "to the extent includible" in R.C. 5747.01(A) interpreted to limit the interest income exclusion to the amount actually included in federal adjusted gross income.

Taxation—Lakefront property purchased by non-profit homeowners association and maintained as a lakeside park open to the public exempt from taxation when R.C. 5709.12.

Taxation—Machine drawings capitalized as part of machinery are exempt from personal property tax—R.C. 5701.03, applied.

Torts—Damages—Collateral benefits—R.C. 2317.45 violates Sections 2, 5 and 16, Article I of the Ohio Constitution, and is unconstitutional in toto.

Evidence—Admissibility of expert testimony that an event is the proximate cause—Event is probable, when—Expert opinion regarding causative event must be expressed in terms of probability—Treatise may be used for impeachment purposes to demonstrate that expert witness is either unaware of the text or unfamiliar with its contents—Substance of treatise employed only to impeach credibility of expert witness who has relied upon treatise.

Appellate procedure—Supreme Court jurisdiction—Actual conflict between appellate districts on rule of law must exist before certification of conflict is proper—Journal entry certifying conflict must clearly set forth rule of law upon which alleged conflict exists.

Mandamus to compel warden of correctional institution to perform certain acts related to relator's circumstances of confinement—Writ denied, when—Mandamus to compel warden to provide all inmates with raincoats—Dismissal of petition pursuant to Civ.R. 12(B)(6) erroneous, when.

Torts—Damages—Collateral benefits—R.C. 2317.45 violates Sections 2, 5 and 16, Article I of the Ohio Constitution, and is unconstitutional in toto.

Mandamus to compel release on parole after minimum term of incarceration had expired—Complaint dismissed, when.

Coroners—R.C. 313.12, 313.17 and 313.19, applied—Term "during legal intervention" in describing how death occurred is a purely descriptive term—Mandamus to compel coroner to delete phrase "during legal intervention" from coroner's verdict for cause of death—Declaratory judgment constitutes an adequate remedy that will preclude mandamus when the General Assembly has specified that the court of common pleas is the proper forum to challenge the coroner's decision.

Automobile liability insurance—Uninsured motorist coverage designed to protect persons, not vehicles.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when filed more than ninety days after effective date of App.R. 26(B).

Witnesses—Competency of child witness—Evid.R. 601(A), applied.

Attorneys at law—Misconduct—Two-year suspension with credit for time served under interim suspension for felony conviction and no reinstatement to practice of law prior to the termination of federal probation—Conviction of theft of government property over $100.

Courts—Trial court has authority to resolve disputes and correct factual errors in a trial record, including disputes over when a verdict form was filed or the effect of a document being filed late.

Attorneys at law—Misconduct—Two-year suspension with one year suspended on condition that attorney satisfactorily complete one year of supervised probation—Charging an illegal or excessive fee—Failure to return unearned fee—Withdrawal from representation without taking reasonable steps to avoid foreseeable prejudice to client—Attempting to limit liability to client for malpractice—Representation of clients whose interests conflict—Accepting compensation from source other than client.

Statutes of limitations—Discovery rule applied to toll statute of limitations where victim of childhood sexual abuse represses memories of that abuse until a later time—One-year statute of limitations period for sexual abuse begins to run, when.

Commercial transactions—Alcoholic beverages franchise not created by operation of law pursuant to R.C. 1333.83 through the mere existence of a written contract between a manufacturer and distributor of such products, where the contract disclaims any intention to create such a relationship and the contract term is for less than six months.

Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when motion is untimely and fails to establish good cause for the untimeliness.

Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when appellant fails to show that appellate counsel was ineffective.

Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when appellant fails to show that appellate counsel was ineffective or that appellant was prejudiced by his counsel's performance.

Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel—Application denied when none of the issues raised by appellant demonstrates violations of counsel's essential duties.

Appellate procedure—Appeal from denial of late motion for reconsideration pursuant to App.R. 26(A) denied, when.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when not filed within ninety days of journalization of appellate judgment—App.R. 26(B).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when not filed within ninety days of journalization of appellate judgment—App.R. 26(B)(1).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to establish good cause for filing the application more than ninety days after the effective date of App.R. 26(B) and when no colorable issue of ineffective assistance of counsel is found.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when applicant fails to show good cause for failure to file the motion within ninety days from journalization of the court of appeals' decision affirming the conviction, as required by App.R. 26(B)(1).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when no colorable claim of ineffective assistance of counsel is found.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when filed more than ninety days after effective date of App.R. 26(B).

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when, inter alia, no colorable claim of ineffective assistance of appellate counsel exists.

Appellate procedure—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when no colorable claim for reopening appeal stated—App.R. 26(B).

Torts—Negligence—Evidence—Evid.R. 407 not applicable to products liability cases premised upon strict liability in tort.

Torts—Products liability—Federal Hazardous Substances Act provides limited preemption of state law in area of hazardous substances labeling—Action for inadequate labeling of hazardous substance covered by FHSA brought pursuant to state law that imposes labeling requirements identical to FHSA requirements is not preempted.

Medical malpractice—Judgment—Payment of future damages—R.C. 2323.57 unconstitutional—R.C. 1343.03(C) does not violate Due Process Clause or Right to Jury Trial Clause of Ohio Constitution.

Attorneys at law—Misconduct—Six-month suspension stayed with conditions—Failing to preserve identity of funds and property of client.

Statutes of limitations—Recent United States Supreme Court decision may not be retroactively applied to bar claims in state courts which had accrued prior to the announcement of that decision—Section 16, Article I, Ohio Constitution, applied.

Appellate procedure—App.R. 26(B)—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when not timely filed.

Adoption—Trial court's finding that consent to an adoption of a party described in R.C. 3107.06 is not required is a final appealable order—Putative father who has signed the child's birth certificate as informant has a statutory right to withhold his consent to the adoption of that child—Procedure for putative father who has signed the birth certificate to preserve his right to withhold consent to the child's adoption—R.C. 3107.06(F)(3) and 3107.07(B), construed.

Appellate procedure—Action to compel refiling of three cases so that they could be reconsidered by the court of common pleas—Court of appeals' dismissal of action on basis that action fails to state a claim upon which relief can be granted affirmed, when.

Appellate procedure—App.R. 26—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when appellant fails to set forth a colorable claim of ineffective assistance of appellate counsel.

Appellate procedure—App.R. 26—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel—Application denied when issue raised by appellant has previously been considered by appellate court.

Appellate procedure—App.R. 26—Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel for counsel's failure to object to admission of certain evidence—Application denied when appellant not prejudiced by admission of the evidence.

Writ of habeas corpus seeking relief from confinement—Petition dismissed for failure to attach copies of commitment papers or cause of detention as required by R.C. 2725.04(D)—Habeas corpus not a substitute for appeal or post-conviction relief.

Attorneys at law—Misconduct—Permanent disbarment—Engaging in illegal conduct involving moral turpitude—Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation—Engaging in conduct adversely reflecting on fitness to practice law—Failing to preserve identity of client funds.

Workers' compensation—Industrial Commission abuses its discretion in ordering claimant previously found to be permanently and totally disabled to submit to further medical evaluation, when.

Attorneys at law—Misconduct—Two-year suspension with one year held in abeyance with attorney placed on probation during that year with conditions—Conduct prejudicial to the administration of justice—Improper division of fees without client's consent—Handling legal matter without adequate preparation—Neglect of an entrusted legal matter—Failure to carry out contract of employment.

Attorneys at law—Misconduct—Stayed six-month suspension—Conduct that adversely reflects on one's fitness to practice law.

Taxation—Franchise tax—Legitimate state interest exists to tax resident banks at a higher rate than foreign banks.

Public records—Trade secrets submitted as part of an application to a governmental body—Request for access to and right to inspect and copy documents in the application—Governmental body asserts that the records are excepted from disclosure—Court required to make in camera inspection of documents at issue to determine which involve trade secrets that are protected from disclosure.

Mandamus to compel Adult Parole Authority to "correct [relator's] risk assessment score sheet"—Writ denied, when.

Constitutional law—Search and seizure—Warrantless search of entire automobile permitted, when.

Public employment—Demotion of captain to sergeant based on his repeated sexual harassment of female correctional officers who worked under his supervision, upheld.

Attorneys at law—Misconduct—Permanent disbarment—Conviction of forgery.

Public utilities—Cable television system is a communications business under R.C. 4931.11.

Mandamus to remedy claimed errors arising from a divorce proceeding—Writ allowed, when.

Courts—Arbitration—Common pleas court does not have authority under R.C. 2711.11(C) to review and modify opinion accompanying arbitration award, when.

Workers' compensation—Courts not precluded from ordering Industrial Commission, in mandamus action, to award permanent total disability benefits notwithstanding the so-called "some evidence" rule, when.

Municipal corporations—Civil service—Police officers—Mayor of chartered city required to fill vacancy of lieutenant's position, when—Determining eligibility for back pay for wrongful failure to promote.

Taxation—Sales and use taxes—Computer system facilities used in manufacture and processing for sale of electronic telecommunication switching products—Automatic Storage and Retrieval System is transportation and handling equipment exempted by former R.C. 5739.02(B)(16)—High Speed Test Equipment not entitled to exemption when not used within the manufacturing period—Remission of penalty assessed by commissioner.

Schools—Public School Employees Retirement System—Retirement—Disability coverage—R.C. 3309.39, construed.

Schools—Employment of administrators—Failure to comply with R.C. 3319.02(D) evaluation procedures will not invalidate a board of education's action not to renew an administrative contract.

Municipal corporations—Streets and highways—Traffic laws—Municipality not obligated to post signs notifying motor vehicle operators of local traffic ordinances not in conflict with state law.

Workers' compensation—Application for permanent partial disability compensation—Election to receive compensation under former R.C. 4123.57(A)—Industrial Commission does not abuse its discretion in denying claim for impaired earning capacity, when.

Workers' compensation—Application for permanent total disability compensation denied—Industrial Commission exempt from formal rules of evidence—Commission's reliance on medical report not an abuse of discretion, when—Commission's failure to consider vocational report not an abuse of discretion, when—Cause returned to commission for further consideration and an amended order, when.

Schools - School Employees Retirement System - Disability retirement benefits - Eligibility - Determination.

Domestic relations—Child support—Order to pay child support may be enforced by means of imprisonment through contempt proceedings even after the child who is the subject of the order is emancipated.

Attorneys at law—Misconduct—Indefinite suspension—Neglect of an entrusted legal matter—Engaging in conduct involving deceit, and misrepresentation—Knowingly making a false statement of fact.

Contracts—Provision which gives party exclusive right to market product on behalf of another impose duty to employ reasonable efforts to generate sales of the product—Parol evidence directed to nature of a contractual relationship is admissible, when—Corporation liable for breach of a pre-incorporation agreement executed on its behalf, when—Promoters of corporation who execute a contract on its behalf are personally liable for its breach, when—Corporation and its promoters jointly and severally liable for breach of pre-incorporation agreement, when—Civ.R. 8, construed.

Insurance—R.C. 3937.18 applies to motor vehicle liability insurance policy coveraging vehicles registered and principally garaged in Ohio, even when policy was not delivered or issued for delivery in Ohio by insurer.

Taxation—Real property—Exemption—Hospital facilities—R.C. 140.08—Board of Tax Appeals' decision unreasonable and unlawful when.

Workers' compensation—Industrial Commission's order granting or denying benefits to a claimant must specifically state what portion of the evidence has been relied upon, and briefly explain the reasoning for its decision.

Courts—Trial court has authority to weigh the evidence and decide the applicable law on the question of whether a marriage between first cousins is void ab initio.

Public employment—Writ of quo warranto ousting county engineer from office allowed, when—County engineer disqualified from his position when adjudicated guilty of theft in office—R.C. 2921.41 (C)(1), construed.

Attorneys at law—Misconduct—One-year suspension with last six months stayed with conditions—Conviction for drug abuse.

Civil procedure—Motion for relief from judgment pursuant to Civ.R. 60(B) is not timely when filed more than one year after judgment, and more than one year after the new evidence upon which it is based became admissible.

Workers' compensation—Industrial Commission's order denying permanent total disability compensation an abuse of discretion when order enumerating evidence relied on omits rehabilitation report from evidence the commission considered.

Appellate procedure - Criminal procedure - Appeal challenging felony conviction not moot even if entire sentence has been satisfied before the matter is heard on appeal.

Criminal procedure - Bail - Under Crim.R. 46(D), a judge may set a felony bond for an alleged misdemeanant, when - Conversion of Misdemeanor bond to felony bond is excessive as matter of law, when.

Criminal procedure - Death penalty - Execution date set by Supreme Court of Ohio may not be stayed by any other state court .

Attorneys at law - Misconduct - Indefinite suspension - Neglecting an entrusted legal matter - Intentionally failing to carry out contract of employment - Neglecting or refusing to assist or testify in an investigation or hearing.

Attorneys at law - Misconduct - Indefinite suspension - Conviction of grand theft and ten counts of tampering with records - Practicing law while unregistered.

Attorneys at law - Misconduct - Two-year suspension with final eighteen months stayed and attorney placed on monitored probation with conditions - Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation .

Attorneys at law - Misconduct - Indefinite suspension - Readmittance with conditions - Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation - Conduct prejudicial to the administration of justice .

Attorneys at law - Misconduct - Permanent disbarment - Handling a legal matter without adequate preparation - Filing lawsuits merely to harass - Advancing claims unwarranted under existing law - Undignified and discourteous conduct before a tribunal

Workers' compensation - Starting date for permanent total disability compensation benefits - Delay in processing application cannot compel payment of compensation over a period in which there is no evidence of permanent total disability.

Mandamus to compel Cleveland City School District Board of Education to reinstate administrator to his position and payment of lost wages and benefits - Writ denied when .

Attorneys at law - Judges - Misconduct - Permanent disbarment - Conviction on six felony counts of interference with commerce by extortion in violation of Section 1951, Title 18, U.S.Code .

Attorneys at law - Misconduct - Indefinite suspension - Suspension to terminate upon compliance with condition set by the Board of Commissioners on Character and Fitness .

Mandamus to compel prison officials to perform act of self- execution of relator's multiple definite sentences - Writ denied, when.

Taxation - Franchise tax - R.C. 5733.05(B)(2)(a) does not provide for an allocation of mobile property used inside and outside Ohio - R.C. 5733.05(B)(2)(d) provides for alternative formula to determine extent of business activity in Ohio .

Workers' compensation - Interruption of temporary total disability compensation payments by Bureau of Workers' Compensation without conducting a hearing - hearing subsequently provided which remedied claimant's objection - Not a deprivation of due process

Workers' compensation - Death benefits - Reapportionment of award to widow after stepchildren lose their benefit eligibility - Industrial Commission abuses its discretion in denying request for adjustment of reapportioned amount, when.

Attorneys at law - Misconduct - Indefinite suspension - Conduct involving dishonesty, fraud, deceit or misrepresentation - Conduct adversely reflecting on fitness to practice law - Collecting a clearly excessive fee .

Police and Firemen's Disability Fund R.C. 742.37(C)(8) precludes a retiree who is already receiving maximum partial disability benefits pursuant to R.C. 742.37(C)(3) from applying for permanent total disability benefits under R.C. 742.37(C)(2)

Civil procedure - Civ.R. 13 - Counterclaim and cross-claim - All existing claims between opposing parties that arise out of same transaction must be litigated in a single lawsuit - "Logical relation" test .

Prohibition - Writ not allowed prohibiting common pleas court from exercising jurisdiction in complaint for damages against professor at state university for allegedly misrepresenting nontraditional instruction program in mathematics, when.

App.R. 26 - Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel for counsel's failure to argue that arson indictment is only a misdemeanor - Application denied when .

Mandamus to compel provision of file-stamped copy of complete transcript of proceedings in Cuyahoga County Court of Common Pleas in case No. 9311338 and to provide access to juvenile court case files in case Nos. 9311338 and 9315631 granted, when.

Automobile liability insurance - Provision in policy [that] precludes insured from commencing any action against carrier unless insured has commenced suit or demanded arbitration within one year from the date of the accident void .

On motion for rehearing - Motion denied.

Civil procedure - Trials - Verdicts - Interrogatories - Civ.R. 49(B), applied.

Appellate procedure - Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel - Application denied when .

Attorneys at law - Misconduct - Permanent disbarment - Illegal conduct involving moral turpitude - Conduct adversely reflecting on fitness to practice law .

Attorneys at law - Misconduct - Public reprimand - Violating a Disciplinary Rule - Neglecting an entrusted legal matter - Failing to cooperate with bar grievance committee's investigation.

Attorneys at law - Misconduct - Public reprimand - Handling paternity action for a plaintiff without disclosing to her that the defendant was his client.

Schools - Teachers - When board of education fails to adequately describe circumstances that led to its decision not to reemploy a teacher, court in an appeal under R.C. 3319.11(G)(7) may award teacher back pay.

Attorneys at law - Misconduct - Permanent disbarment - Engaging in illegal conduct involving moral turpitude, dishonesty, fraud, deceit or misrepresentation - Engaging in conduct that is prejudicial to the administration of justice .

Attorneys at law - Misconduct - Two-year suspension with final six months suspended on monitored probation with conditions - Failing to maintain trust funds in a separate bank account .

Attorneys at law - Misconduct - Public reprimand - Knowingly advancing claim unwarranted under existing law - Conduct adversely reflecting on fitness to practice law.

Workers' compensation - Denial of permanent total disability compensation - Due process violation asserted based on alleged ex parte communications between company and Industrial Commission .

Attorneys at law - Misconduct - Permanent disbarment - Conviction for conspiracy to extort a $30,000 bribe in attorney's position as Steubenville City Attorney.

Attorneys at law - Misconduct - Indefinite suspension - Conduct involving dishonesty, fraud, deceit or misrepresentation - Conduct adversely reflecting on fitness to practice law .

Appeal dismissed as improvidently allowed.

Attorneys at law - Misconduct - Suspended one-year suspension with conditions revoked and respondent attorney suspended from the practice of law for time remaining in one-year suspension when .

Mandamus to compel Cleveland City School District Board of Education to reinstate administrator to his position and payment of lost wages and benefits - Writ denied when .

Appeal dismissed as improvidently allowed.

Statutes of limitations - Discovery rule applied to toll statute of limitations where victim of childhood sexual abuse represses memories of that abuse until a later time - Appeal dismissed as improvidently allowed.

Mandamus to compel appointment to vacant police lieutenant's position - Dismissal of complaint by court of appeals an abuse of discretion, when.

Commercial paper - Bank deposits and collections - Restrictive indorsements - Former R.C. 1303.27, applied - Depositary bank that has paid a check inconsistently with a restrictive indorsement made by payee is liable to payee in conversion, when.

Probate - Joint and survivorship accounts - Survivorship rights to sums remaining on deposit at death of depositor - Opening of account is conclusive evidence of intention to transfer to surviving party a survivorship interest in .

Automobile liability insurance - Uninsured motorist coverage designed to protect persons, not vehicles - .

Workers' compensation - Application for permanent total disability compensation - Permanent total disability cannot be based, wholly or partially, on nonallowed medical conditions.

Public employment - R.C. 124.34 - Removal of Ohio Bureau of Employment Services administrative assistant - Court of common pleas decision to reinstate administrative law judge's recommendation of ten-day suspension supported by evidence .

Jury instructions - Jury instructions set forth in 4 [O.J.I] 405, Section 545.25(10) approved where person arrested for driving under the influence of alcohol is requested to submit to a chemical test of breath, but refuses to take the test, and .

Workers' compensation - Permanent total disability award - Industrial Commission's order vacated for lack of "some evidence," when - Termination of handicap reimbursement not an abuse of discretion, when.

Workers' compensation - Industrial Commission's decision not reversed by court when supported by "some evidence."

Automobile liability insurance - Provision in policy for uninsured or underinsured motorist coverage which precludes insured from commencing any action against insurance , unless the insured has commenced suit within one year , is void .

Appeal dismissed as improvidently allowed.

Appellate procedure - Court of appeals does not have original jurisdiction to grant a motion for a new trial - Criminal defendant must suffer the consequences of nonproduction of an appellate record .

Workers' compensation - Denial of further prescription payment - Industrial Commission's decision not an abuse of discretion when supported by "some evidence."

Workers' compensation - Courts not precluded from ordering Industrial Commission, in mandamus action, to award permanent total disability benefits notwithstanding the so-called "some evidence" rule, when.

Public Utilities Commission - Call Screening and Distinctive Ringing - Office of Consumers' Counsel has standing to appeal orders approving Caller ID and Automatic Callback - [A]pproval of Advance Custom Calling R.C. 4909.18 .

Taxation - Sales tax - R.C. 5739.03, applied - An assessee that submits letters of usage and other evidence within the grace periods provided under R.C. 5739.03 may submit additional evidence to substantiate the previously submitted evidence.

Taxation - Real property valuation - Decision of Board of Tax Appeals not unreasonable nor unlawful when complainant fails to carry his burden of proof in seeking reduction in true value of newly constructed home.

Taxation - Trumbull County Budget Commission may not allocate and apportion the undivided local government fund and undivided local government revenue assistance fund in 1992 according to formula adopted on October 1, 1990 but must use .

Criminal law - Evidence - In a prosecution brought pursuant to R.C. 4511.19, urine analysis test for controlled substances is not inadmissible unless testing is done in accordance with methods approved by Director of Health - R.C. 4511.19(D), construed.

Taxation - Real property valuation - Federally subsidized apartment complex - Board of Tax Appeals required to use appropriate economic or market rents and expenses in determining true value by the income approach to value .

Public employees - Where collective bargaining agreement specifically covers all situations in which an employee believes that he or she was assigned duties that are not in his or her current classification, the agreement - R.C. 4117.10(A), applied.

Workers' compensation - Allocation of permanent total disability compensation award when claimant has allowed claims from different employers .

Public employment - State Employment Relations Board's exclusive jurisdiction to determine unfair labor practices does not foreclose parties to a collective bargaining agreement from settling differences through binding arbitration.

Mandamus to compel Industrial Commission to award permanent total disability compensation granted, when .

Taxation - Personal property tax - Inventory of a sold division included in average monthly inventory value calculations even if the inventory was not held for a full year.

Workers' compensation - Judgment of court of appeals ordering Industrial Commission to issue an order complying with Noll reversed and writ issued compelling commission to award claimant permanent total disability compensation, when.

Taxation - Sales tax - R.C. 5739.133 requires Tax Commissioner to add a penalty to every assessment issued under R.C. 5739.13 and permits the commissioner to adopt rules providing for the remission of this penalty .

Mandamus to compel judge to enter a ruling on motion to correct the record - Complaint dismissed, when.

Workers' compensation - Claimant precluded from receiving temporary total disability compensation during period of incarceration in a federal prison.

Automobile liability insurance - Uninsured motorist coverage designed to protect persons, not vehicles .

Workers' compensation - Claimant precluded from receiving temporary total disability compensation during period of incarceration in a federal prison.

Civil procedure—Association representing private contractors lacks standing to challenge the legality of a village's bidding procedure on a storm sewer drainage project when its members fail to bid on the project.

Statutes of limitations - Discovery rule applied to toll statute of limitations where victim of childhood sexual abuse represses memories of that abuse until a later time - One-year statute of limitations period for sexual abuse begins to run, when.

Statutes of repose - Elements considered in determining whether an item is an "improvement" to real property under R.C. 2305.131 - R.C. 2305.131 is unconstitutional.

Attorneys at law - Misconduct - Permanent disbarment - Conduct involving dishonesty or misrepresentation - Conduct adversely reflecting on fitness to practice law - Neglect of an entrusted legal matter .

Attorneys at law - Misconduct - Indefinite suspension - Charging a clearly excessive fee - Conduct involving dishonesty, fraud, deceit or misrepresentation - Failing to preserve identity of client's funds and property.

Workers' compensation - Application for permanent total disability compensation denied when Industrial Commission finds claimant capable of rehabilitation/retraining - Commission's decision upheld when supported by "some evidence."

Public employees' collective bargaining - Ohio public employer commits unfair labor practice in violation of R.C. 4117.11(A)(5) when it unilaterally terminates bargaining with an incumbent union, when .

Employer and employee - Race discrimination - R.C. 4112.99 is a remedial statute and is subject to R.C. 2305.07's six-year limitations period.

Workers' compensation - Application for temporary total disability compensation denied when condition has become permanent.

Workers' compensation - Application for temporary total disability compensation.

Workers' compensation - Perm./partial disability benefits -R.C. 4123.57 construed. - "Good cause" warranting switching type of benefits from permanent partial to impaired earning capacity benefits not established, when.

Attorneys at law - Application for admission to practice law - Application denied when applicant fails to prove his good character and fitness to practice law - Applicant may reapply for admission after May 1995.

Attorneys at law - Misconduct - Two-year suspension with attorney reinstated after one year and placed on probation for the second year with supervision .

Attorneys at law - Misconduct - Permanent disbarment - Conviction of five counts of theft in office and one count of tampering with records.

Attorneys at law - Misconduct - Suspended two-year suspension and attorney placed on probation for two years with conditions - Engaging in illegal conduct involving moral turpitude .

Attorneys at law - Misconduct - Indefinite suspension - Conviction for perjury.

Attorneys at law - Misconduct - Indefinite suspension - Neglect of an entrusted legal matter - Continued failure to register with the Supreme Court as an attorney or to comply with continuing legal education requirements.

Attorneys at law - Misconduct - Public repirmand - Multiple employment with a conflict of interest.

Civil procedure - Motion for attorney fees and sanctions denied, when.

Workers' compensation - Denial of application for temporary total disability compensation not an abuse of discretion, when.

Workers' compensation - Additional allowance of obesity in a workers' compensation claim is not a prerequisite to consideration of payment for a weight-reduction program.

Civil procedure - Motion for relief from judgment denied, when.

Torts - Negligence - Federal Railroad Safety Act and Highway Safety Act do not preempt state law over negligence suits alleging a failure to maintain adequate grade crossing warning devices.

Criminal law - Bail - "No contact" as a condition for granting application for bail pending appeal appropriate under Crim.R. 46(C)(2) and (E)(1).

Taxation—Tangible personal property owned by a public utility telephone company which is not "used in business" is not subject to personal property tax—R.C. 5709.01 and former R.C. 5727.06, harmonized.

Taxation - Sales and use tax - Purchases of color separation negatives and chromolin proofs used in creatging artwork and text on blister-card packs are not exempt from taxation under the packaging exception of R.C. 5739.02(B)(15).

Attorneys at law - Misconduct - Indefinite suspension - Neglecting an entrusted legal matter - Failing to seek lawful objectives of client - Failing to carry out contract of employment - .

Attorneys at law - Misconduct - Six-month suspension - False statement of fact knowingly made - Court-appointed attorney of indigent defendant sought reimbursement from public funds of certain expenditures wholly unrelated to defense of client.

Attorneys at law - Misconduct - Public reprimand - Engaging in conduct prejudicial to the administration of justice.

Attorneys at law - Misconduct - Indefinite suspension - Misappropriation of funds from law firm.

Attorneys at law - Misconduct - Indefinite suspension - Misappropriation of funds from corporate pension plan account.

Mandamus to compel prison officials to perform act of self- execution of relator's multiple definite sentences - Writ denied, when.

Attorneys at law - Misconduct - Public reprimand - Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.

Prejudgment interest awarded, when - R.C. 1343.03(C).

Custody - Juvenile law - Writ of habeas corpus does not lie in child custody matter, when - Courts - Jurisdiction - Appellate procedure - Appeal divests trial court of jurisdiction to consider Civ.R. 60(B) motion for relief from judgment.

Mandamus - Denial of writ affirmed.

Juvenile law - Adoption of child by stepparent - Jurisdiction of domestic relations court to determine visitation rights of biological grandparents.

Discrimination - Age discrimination claim based on violation described in R.C. Chapter 4112 must comply with one-hundred-eighty-day statute of limitations period set forth in R.C. 4112.02(N).

Statutes of limitations - Action against licensed independent social worker, licensed psychologist, or licensed mental health care facility for negligence is not governed by R.C. 2305.11. .

Mandamus to compel Ohio Bureau of Motor Vehicles to mail relator a computer printout of his driving record - Writ denied, when - Court of appeals' dismissal of appeal affirmed, when.

Mandamus - Denial of writ affirmed.

Mandamus - Denial of writ affirmed.

Employer and employee - Racial discrimination - R.C. 4112.99 is a remedial statute and is subject to R.C. 2305.07's six-year limitations period.

Motor vehicles - Civil action for bodily injuries - Punitive damages may be awarded, when - Evidence that negligent driver consumed alcohol prior to vehicular accident admissible to justify award of punitive damages.

Civil procedure - Dismissal of complaint for writ of prohibition seeking to prevent judge in common pleas court case involving nonresidents from conducting further proceedings - Judgment affirmed when .

Criminal law - Motion to suppress - Accused must state the motion's legal and factual basis with sufficient particularity to place prosecutor and court on notice of issues to be decided.

Attorneys at law - Misconduct - Two-year suspension with one year suspended, two years of monitored probation and full restitution of all outstanding claims as a condition for reinstatement .

Attorneys at law - Misconduct - Indefinite suspension - Perpetrating a fraud upon the judicial system by knowingly misrepresenting actual residence of clients - Conduct involving dishonesty, fraud, deceit or misrepresentation .

Attorneys at law - Misconduct - Two-year suspension with one year of the period suspended - Conduct involving fraud, deceit, dishonesty or misrepresentation - Conduct adversely reflecting on fitness to practice law .

Prohibition - Denial of writ affirmed.

Habeas corpus - Release from person sought on claim of lack of jurisdiction of common pleas court to conduct bench trial - Writ granted when trial court did not comply with R.C. 2945.05.

Attorneys at law - Misconduct - Two-year suspension with reinstatement conditioned on completion of federal probation - Conviction of embezzling government funds.

Attorneys at law - Misconduct - Indefinite suspension - Violating a Disciplinary Rule - Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation - Conduct prejudicial to the administration of justice .

Attorneys at law - Misconduct - Six-month suspension to be served consecutively to prior suspension with one year of monitored probation to follow - .

Attorneys at law - Misconduct - Six-month suspension to be served consecutively to prior suspension with one year of monitored probation to follow .

Mandamus and/or procedendo - Denial of writ affirmed.

Automobile liability insurance - Uninsured motorist coverage designed to protect persons, not vehicles .

Mandamus - Denial of writ affirmed.

Mandamus to compel city of Cleveland to pay the principal amounts of three 1990 judgments entered against the city and accrued statutory postjudgment interest—Writ granted, when.

Torts - Damages - Collateral benefits - R.C. 2317.45 violates Sections 2, 5 and 16, Article I of the Ohio Constitution, and is unconstitutional in toto.

Mandamus to compel Director of Department of Rehabilitation and Correction to declare that a state of overcrowding exists - Writ denied, when - R.C. 2967.18(A), construed.

Public records - Promotion and tenure records maintained by a state-supported institution of higher education are "public records" and are subject to public records disclosure requirements of R.C. 149.43(B).

Attorneys at law - Misconduct - Six-month suspension with full restitution to clients ordered - Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation .

Attorneys at law - Misconduct - Indefinite suspension - Neglecting an entrusted legal matter - Neglecting or refusing to assist in disciplinary investigation or hearing .

Employer and employee - Claim of wrongful discharge in violation of public policy.

Statutes of limitations - Discovery rule applied to toll statute of limitations where victim of childhood sexual abuse represses memories of that abuse until a later time - One-year statute of limitations period for sexual abuse begins to run, when.

Attorneys at law - Misconduct - Two-year suspension with one year suspended with conditions - Neglect of entrusted legal matters.

Attorneys at law - Misconduct - One-year suspension - Falsifying documents to support a client's position.

Attorneys at law - Misconduct - Six-month suspension - Engaging in conduct prejudicial to the administration of justice - Engaging in conduct that adversely reflects on fitness to practice law .

Attorneys at law - Misconduct - Indefinite suspension - Conviction for attempted income tax evasion - Conduct involving moral turpitude - Conduct involving dishonesty, fraud, deceit or misrepresentation .

Attorneys at law - Misconduct - Two-year suspension with one year suspended and one-year monitored probation with continued psychological counseling - Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation .

Attorneys at law - Misconduct - Permanent disbarment - Conviction on twenty felony counts.

Attorneys at law - Application for registration as a candidate for admission to the practice of law in Ohio disapproved.

Automobile liability insurance - Uninsured motorist coverage designed to protect persons, not vehicles .

Appellate procedure - Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel - Application denied when .

Quo warranto - Complaint challenges appointment of special prosecutor - Denial of writ by appellate court upheld, when.

Mandamus to compel release of names and work addresses of animal research scientists in documents already provided, but which had that information redacted, granted, when.

Employer and employee - Claim of wrongful discharge in violation of public policy.

Appellate procedure - Motion for delayed reconsideration from judgment of conviction based on claim of ineffective assistance of appellate counsel - Motion denied when.

Habeas corpus not available to challenge either the validity or the sufficiency of an indictment.

Appellate procedure - Application for reopening appeal from judgment of conviction based on claim of ineffective assistance of appellate counsel - Application denied when .

Attorneys at law - Misconduct - Public reprimand - Engaging in conduct involving fraud, deceit, dishonesty, or misrepresentation - Neglecting an entrusted legal matter.

Attorneys at law - Misconduct - Persistent pattern of lying to client about her case - Conduct involving dishonesty, fraud, deceit or misrepresentation - Conduct that adversely reflects on fitness to practice law .

Attorneys at law - Misconduct - Indefinite suspension - Failing to cooperate with investigators on ethical complaints - Neglecting an entrusted legal matter .

Attorneys at law - Misconduct - Indefinite suspension - Neglecting an entrusted legal matter - Failure to maintain complete records of client funds and promptly pay client unearned fees .

Attorneys at law - Misconduct - Six-month suspension with readmittance conditioned on making full restitution to client - Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation .

Automobile liability insurance - Uninsured motorist coverage designed to protect persons, not vehicles - Validity of insurance policy exclusion of uninsured motorist dependent upon whether it conforms to R.C. 3937.18 .

Attorneys at law - Applicant for admission to the practice of law in February 1993 bar examination continues to fill out Multistate Bar Examination answer sheet after being told to stop .

Employer and employee - Sex and handicap discrimination - R.C. 4112.99 is a remedial statute and is subject to R.C. 2305.07's six-year limitations period.

Automobile liability insurance - Uninsured motorist coverage designed to protect persons, not vehicles - Validity of insurance policy exclusion of uninsured motorist dependentupon whether it conforms .

Attorneys at law - Misconduct - One-year suspension stayed with attorney placed on two years' probation with conditions - Conduct that adversely reflects on fitness to practice law .

Attorneys at law - Misconduct - Public reprimand - Conduct involving dishonesty, fraud, deceit, or misrepresentation.

Attorneys at law - Misconduct - Public reprimand - Illegal conduct involving moral turpitude - Conduct involving fraud, deceit, dishonesty or misrepresentation.

Attorneys at law - Misconduct - Indefinite suspension - Failure to take promised legal action on clients' behalf, despite repeated representations that legal proceedings were underway and that attorney was actively pursuing clients' interests .

Attorneys at law - Misconduct - Six-month suspension stayed on condition no disciplinary complaints are certified to the Board of Commissioners on Grievances and Discipline during that time .

Attorneys at law - Misconduct - Engaging in illegal conduct involving moral turpitude - Engaging in conduct that adversely reflects on fitness to practice law .

Attorneys at law - Misconduct - Public reprimand - Conduct that adversely reflects on fitness to practice law - Neglect of an entrusted legal matter - Failing to complete continuing legal education requirements .

Civil procedure - Judgments - Absence of Civ.R. 54(B) certification language prevents immediate appealability of granted summary judgments.

Automobile liability insurance - Uninsured motorist coverage designed to protect persons, not vehicles - Policy provision which eliminates coverage for persons not specifically listed in the policy violates R.C. 3937.18 and is invalid.

Appellate procedure - Application for reopening appeal from judgment and conviction based on claim of ineffective assistance of appellate counsel - Application denied when .

Workers' compensation - Industrial Commission denies claimant's motion for a change in starting date for permanent total disability benefits - Commission's decision not to rely on medical report not an abuse of discretion when .

Taxation - Real property valuation - Taxpayer has burden of proving its right to a reduction in value - Board of Tax Appeals' decision not overruled by court when decision based upon reliable, substantial evidence, and is reasonable and lawful.

Workers' compensation.- Partial disability - Election of compensation under former R.C. 4123.57 - Industrial Commission does not abuse its discretion in finding that claimant's requested change of election was not supported by "good cause," when.

Pleadings - R.C. 2307.42 is in conflict with Civ.R. 11 and is invalid and of no force and effect.

Employer and employee—Sex discrimination—R.C. 4112.99 is a remedial statute and is subject to R.C. 2305.07's six-year limitations period.

Workers' compensation - Courts not precluded from ordering Industrial Commission, in mandamus action, to award permanent total disability benefits notwithstanding the so-called "some evidence" rule, when.

Divorce and alimony - Trial practice - Conduct of counsel - Trial judge's failure to control counsel in divorce proceedings results in miscarriage of justice, when.

Criminal law - Aggravated murder - Death penalty upheld, when.

Workers' compensation - Partial disability compensation - Election of compensation under former R.C. 4123.57(A) - Industrial Commission's denial of a motion for change of election an abuse of discretion, when.

Insurance - Underinsured motorist coverage - Underinsurance claim must be paid, when.

Appeal dismissed as improvidently allowed.

Prohibition to prevent judge from exercising jurisdiction in parentage action - Writ denied, when.

Workers' compensation - Rates of premium - Former R.C. 4123.29 - New classification created for company providing mobile power cleaning to automobile parking areas

Criminal law - Aggravated murder - Defendant deprived of his constitutional due process right to a fair trial during guilt phase of capital trial, when.

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Domestic relations - Divorce and alimony - Vested pension plan accumulated during marriage is marital asset and must be considered in conjunction with other factors listed under R.C. 3105.18 in dividing marital assets.

Insurance - Underinsured motorist coverage - Each person who is covered by an uninsured/underinsured policy has a separate claim subject to a per person policy limit.

Appeal dismissed as improvidently allowed.

Taxation - Sales tax - Failure to file return - Assessment of delinquency charge.

Appeal dismissed as improvidently allowed.

Trusts - Valid, nontestamentary trust executed by settlor and in existence at time of settlor's death bars spouse from claiming a distributive share in the trust assets under the statutes of descent and distribution. .

Mandamus to compel Director of Environmental Protection Agency to approve a trust fund the agency ordered relator to fund, recognize a successor trustee, and approve payment of the trustee's fees - Writ denied, when.

Taxation - Real property valuation - Decision of Board of Tax Appeals determining true value of mini storage facility unreasonable and unlawful, when.

Taxation - Real property valuation - Determination of true value by Board of Tax Appeals not disturbed by court when supported by substantial probative evidence.

An affidavit, statement or other information provided to a prosecuting attorney, reporting the actual or possible commission of a crime, is part of a judicial proceeding .

Criminal procedure - Penalties and sentencing - Multiple sentences - Fifteen-year limit on an aggregate minimum term of incarceration set by R.C. 2929.41(E)(2) does not apply to multiple terms imposed consecutively to sentence for aggravated murder.

Criminal procedure - Termination of proceeding before jeopardy has attached does not entitle an accused to relief under Double Jeopardy Clause - Jeopardy does not attach when trial court grants motion to dismiss indictment.

Appeal dismissed as improvidently allowed.

Torts - R.C. 4101.13 may not be used as the basis of a negligence suit by an employee of one independent contractor against a second independent contractor working on a common building site, when .

Attorneys at law - Application for admission to practice law - Application denied when applicant fails to prove his good character and fitness to practice law .

Statutes of repose - Elements considered in determining whether an item is an improvement to real property under R.C. 2305.131 - R.C. 2305.131 is unconstitutional.

Insurance - Superintendent of Insurance has authority to issue an order placing an insurer under supervision - R.C. 3903.09(C)(5), construed and applied .

Physician and patient - Medical malpractice - Where liability is determined and compensatory damages are awarded, punitive damages pled in connection with the claim for malpractice may be awarded, when .

Public employment - Challenge to city law director's right to office not maintainable in quo warranto, when.

Civil procedure - Civ.R. 49 - Interrogatory to jury must be drafted as to evoke afinding on a determinative issue - Interrogatory that requests the jury to state the "particulars" of the defendant's negligence is improper.

Prohibition to prevent judge from exercising judicial power over criminal case - Transactional immunity - R.C. 2945.44 - Writ granted, when.

Statute of limitations—Injury allegedly caused by exposure to toxic chlorine gas does not manifest itself immediately—Cause of action for that injury arises, when.

Statutes of limitations - Recent United States Supreme Court decision may not be retroactively applied to bar claims in state courts which had accrued prior to the announcement of that decision - Section 16, Article I, Ohio Constitution, applied.

Insurance - Ohio Insurance Guaranty Association - Powers and duties - R.C. 3955.08(A), construed - Association not obligated to accept untimely claims.

Commercial transactions - Alcoholic beverages franchise not created by operation of law pursuant to R.C. 1333.83 through the mere existence of a written contract between a manufacturer and distributor of such products .

Workers' compensation - Proof of three definitional criteria of "occupational disease" creates a compensable workers' compensation death benefits claim regardless of whether the disease is scheduled or non-scheduled .

Torts - Negligence - Federal Railroad Safety Act and Highway Safety Act do not preempt state law over negligence suits alleging a failure to maintain adequate grade crossing warning devices.

Employer and employee - Ohio Constitution does not guarantee an unclassified public employee a right to seek partisan elected office while holding public employment .

Juvenile court—Closure hearing warranted, when—Requirements for closed closure hearing—Court's finding of closure or nonclosure of proceeding is a final order subject to appeal—Persons present and participating at in camera inspection to determine appropriateness of closed closure hearing prohibited from disseminating information determined to be excluded from public disclosure until competent authority determines such information may be released.

Taxation - Sales tax - An assessee that submits letters of usage within the grace period provided under R.C. 5739.03 may submit additional evidence to the Board of Tax Appeals to substantiate and amplify the previously submitted evidence.

Torts - Defamation - Police officer testifying in trial regarding his personal advice to a nephew about that relative's cooperation in a murder investigation is a public official for defamation purposes.

Prohibition - Denial of writ affirmed.

Discrimination - Age discrimination claim premised on violation described in R.C. Chapter 4112 must comply with one-hundred-eighty-day statute of limitations period set forth in former R.C. 4112.02(N).

Corporations - Securities - R.C. 1707.12, not 149.43, governs the disclosure of information collected by the Ohio Division of Securities.

Appeal dismissed as improvidently allowed.

Appeal and Cross-Appeal from the Board of Tax Appeals, Nos. 90-K-1175 and 90-K-1176.

Constitutional law - Search and seizure - Evidence gained from the serach of an automobile and a residence suppressed, when.

Appeals dismissed as improvidently allowed.

Criminal law - Aggravated murder - Evidence - Other-acts evidence to prove identity through a certain modus operandi admissible, when

Appeal dismissed as improvidently allowed.

Taxation - Real property valuation - Board of Tax Appeals' decision will not be disturbed, when.

Criminal procedure - Evidence - Admission of co-defendant's taped statement after co-defendant becomes unavailable does not violate Sixth Amendment right to confront adverse witnesses, when.

Pleadings - R.C. 2307.42 is in conflict with Civ.R. 11 and is invalid and of no force or effect.

Partnerships - Breach of fiduciary duty among partners actionable at law - Remedy for breach of fiduciary duty is an accounting.

Appeal dismissed as improvidently allowed.

Appeal dismissed for want of final appealable order.

Schools - Employer and employee - Public school employee entitled to procedural due process at posttermination arbitration hearing - Procedural due process does not require face-to-face confrontation in posttermination grievance arbitration hearing, when.

Appeal dismissed as improvidently allowed.

Criminal law - Exigent circumstances justify a warrantless entry into a residence by police, when.

Workers' compensation - Allowed medical claim - Clarifying allowed medical conditions - Continuing jurisdiction of Industrial Commission to address compensability of disputed conditions .

Judgments - Recovery in medical malpractice action by decedent during his lifetime does not bar subsequent wrongful death action on behalf of decedent's beneficiaries .

Courts - Cause of action for wrongful death arising under R.C. Chapter 2125.

Taxation - Tax Commissioner's recalculation of ten percent property tax rollback reimbursements involves a ministerial function and is not a final determination appealable under R.C. 5717.02.

Civil procedure - Civ.R. 51 - Contesting improper jury instructions - Interpretation of insurance contract involves a question of law to be decided by a judge - Jury permitted to determine factual issues.

Civil procedure - Any error by trial court in denying motion for summary judgment is rendered moot or harmless, when.

Taxation - Nursing home or rest home not entitled to real property tax exemption under R.C. 5709.12(B) and 5701.13, when. .

Workers' compensation - Application for temporary total disability benefits - Physician certifies claimant as temporarily and totally disabled, but indicates there is little hope for improvement unless claimant is treated through rehabilitation .

Workers' compensation - Application for temporary total disability benefits - Physician certifies claimant as temporarily and totally disabled, but indicates there is little hope for improvement unless claimant is treated through rehabilitation .

Ohio Adm. Code 4117-5-01(F) is in clear conflict with Section 4(A) of Am. Sub. S.B. No. 133 (140 Ohio Laws, Part I, 336, 367) and is, therefore, invalid .

Ohio Adm. Code 4117-5-01(F) is in clear conflict with Section 4(A) of Am. Sub. S.B. No. 133 (140 Ohio Laws, Part I, 336, 367) and is, therefore, invalid. .

Political subdivisions - Tort liability - R.C. 2744.02(B)(4) is constitutional.

Statutes of limitations - Statute of limitations that applies to parties to a contract when plaintiff sues for property damage .

Taxation - Sales tax - Twenty-five percent shareholder, as president, member of board of directors and a substantial creditor, personally liable for sales tax assessments when he has control or supervision of filing tax returns and making tax payments.

Action in mandamus and prohibition dismissed when adequate remedy at law exists.

Taxation - Sales and use taxes - Penalty for failure to remit tax - Tax Commissioner lacks authority to issue an assessment against a taxpayer pursuant to R.C. 5739.13, when.

Workers' compensation - Commission's order denying future chiropractic treatments must state basis for denial - Commission does not abuse its discretion in assessing an overpayment against claimant, when.

Workers' compensation - Industrial Commission does not abuse its discretion in finding that a claimant injured on a farm was injured in a workshop, when - Ohio Adm.Code 4121:1-5-01(A), applied.

Appeal dismissed as improvidently allowed.

Statutes of limitations—Discovery rule applied to toll statute of limitations where victim of childhood sexual abuse represses memories of that abuse until a later time—One-year statute of limitations period for sexual abuse begins to run, when.

Appeal from the Court of Appeals for Franklin County, No. 92AP-232.

Workers' compensation - Application for permanent total disability compensation - Industrial Commission abuses its discretion in denying permanent total disability compensation, when.

Insurance - Absolute duty of insurer to defend exists, when - Insurer voluntarily forgoes right to control litigation and insured may make reasonable settlement without prejudice to insured's rights under insurance policy, when .

Criminal procedure - Penalties and sentencing - Multiple sentences - R.C. 2929.41, applied.

Mandamus to compel city of Bowling Green to apportion ward boundaries such that each ward contains substantially equal populations - Complaint dismissed when, mandamus is not the appropriate remedy.

Criminal procedure - R.C. 2937.99 requires court to impose a definite term of imprisonment for violation of R.C. 2937.29.

State Employment Relations Board - Public employers seeks determination by board that bargaining unit proposed by employee organization is not an appropriate collective bargaining unit .

Appeal dismissed as improvidently allowed.

Mandamus to compel judge to determine date property was taken for public use and to require city to commence appropriation proceedings - Writ denied, when.

Workers' compensation - Permanent total disability compensation - Evidence of a pre-existing condition is not prima facie evidence of a pre-existing disability as well.

Workers' compensation - Permanent total disability compensation - Evidence of a pre-existing condition is not prima facie evidence of a pre-existing disability as well.

Appeal dismissed for want of final appealable order.

Witnesses - Trial court abuses its discretion in denying request to present rebuttal witnesses, when.

Workers' compensation - Application for permanent total disability compensation - Denial of application by Industrial Commission - Court not precluded from ordering commission, in mandamus action, to award permanent total disability benefits, when.

Appeal dismissed as improvidently allowed.

Workers' compensation - Industrial Commission does not abuse its discretion in awarding permanent total disability when "some evidence" is present in the record to support its decision.

Real property - Estate by the entireties created, how - Former R.C. 5302.17, construed. .

Sovereign immunity - "Employee" as defined in R.C. 2744.01(B) does not include a county department of human services - Immunity from civil liability conferred upon a county by R.C. Chapter 2744 extends to county's human services department.

Appeal dismissed as improvidently allowed.

Workers' compensation - Claimant demonstrates "special circumstances" so as to warrant a departure from the standard average weekly wage formula, when.

State Employment Relations Board - Jurisdiction not precluded by R.C. 4117.01(C) in matters where National Labor Relations Board has not declined jurisdiction over employees working pursuant to a contract between a private and public employer .

Workers' compensation - Application for permanent total disability benefits - Commission's decision is not supported by "some evidence" when physician's disability opinion is equivocal.

Workers' compensation - Bowling activities do not disqualify laimant from receiving permanent total disability compensation, when.

Workers' compensation - Industrial Commission does not abuse its discretion in finding that a claimant injured on a farm was injured in a workshop, when - Ohio Adm.Code Chapter 4121:1-5, applied.

Municipal corporations - Torts - Limitations on damages - R.C. 2744.05 precludes Department of Human Services from exercising its right to subrogation under R.C. 5101.58.

Motor vehicles - Operating a motor vehicle while under the influence of alcohol - Interpretation of the word "operate" as that term is used in R.C. 4511.19 - .

Domestic relations - Child support - Order to pay child support may be enforced by means of imprisonment through contempt proceedings even after the child who is the subject of the order is emancipated. .

Townships - Trustees may not challenge a board of county commissioners' decision involving a petition for incorporation through either an R.C. Chapter 2506 appeal or an R.C. 707.11 proceeding .

Appeal dismissed as improvidently allowed.

Automobile liability insurance - Uninsured motorist coverage designed to protect persons, not vehicles - Validity of insurance policy exclusion of uninsured motorist dependent upon whether it conforms to R.C. 3937.18 .

Appeal dismissed as improvidently allowed.

Criminal law - Aggravated murder - Death penalty upheld, when.

Prejudgment interest awarded, when - R.C. 1343.03(c).

Criminal law - Requirement for effective waiver of constitutional and statutory rights to speedy trial.

Workers' compensation - Employee found lying at bottom of elevator pit - Finding by Industrial Commission that employer violated Ohio Adm.Code 4121:1-1-04(c)(4) supported by "same evidence," when.

Appeal dismissed as improvidently allowed.

Taxation - Real property - Continuing care retirement community exempt from taxation when determined to be a hospital facility owned by a public hospital agency under R.C. 140.08.

Appeal dismissed as improvidently allowed.

Criminal procedure - Penalties and sentencing - Additional three years of actual incarceration for offenses involving a firearm - R.C. 2929.71(B), applied .

Appellate procedure - Supreme Court jurisdiction - Actual conflict between appellate districts on rule of law must exist before certification of conflict is proper.

Mandamus to compel planning commission to either approve or reject development plan - Writ granted, when.

Workers' compensation - Industrial Commission's order denying permanent total disability compensation must specifically state what portion of the evidence has been relied upon, and briefly explain the reasoning for its decision.

Workers' compensation - Inability to discern basis for denial of permanent total disability compensation is cause for court to order Industrial Commission to issue an amended order clarifying its decision.

Workers' compensation - Employee not wearing a safety belt and lifeline falls from a scaffold - Failure to provide safety equipment a violation of Ohio Adm.Code 4121:1-3-10(K)(8).

Workers' compensation - Employee not wearing a safety belt and lifeline falls from a scaffold - Failure to provide safety equipment a violation of Ohio Adm.Code 4121:1-3-10(K)(8).

Medical malpractice - Liability insurance - Evidence - Commonality of insurance interests between defendant and expert witness outweighs any potential prejudice evidence of insurance might cause - Evid.R. 411, applied.

Criminal law - Rule changing quantum of proof required for conviction may be applied to trials of crimes committed before the rule was announced .

Workers' compensation - Industrial Commission's order denying permanent total disability compensation an abuse of discretion when order enumerating evidence relied on omits two reports listed as being among the evidence the commission considered.

Landlords and tenants—Landlord owes tenant's guest same duty of care that landlord owes tenant.

Police and Firemen's Disability and Pension Fund - Application for disability benefits filed after leaving police department .

Appeal and cross-appeal dismissed as improvidently allowed.

Torts - Damages - Collateral benefits - R.C. 2317.45 violates Sections 2, 5 and 16, Article I of the Ohio Constitution, and is unconstitutional in toto - Cross-appeal dismissed as improvidently allowed.

Appellate procedure - Court of appeals judgment affirmed when issue presented in appeal has been decided in the previous appeal of the cause.

Municipal corporations - Zoning - Elements party who attacks municipal zoning ordinance on constitutional grounds must prove. .

Constitutional law - Injunction prohibiting "picketing, patrolling, handbilling, soliciting, or engaging in any other similar activities" on privately owned shopping center property not a violation of Section 11, Article I of the Ohio Constitution.

Domestic relations - Antenuptial agreement When agreement provides disproportionately less than party challenging it would have received under an equitable distribution, burden is on one claiming validity to show full knowledge or disclosure .

Public Utilities Commission - Semi-annual review of electric fuel component rate - Commission's adoption of stipulation, and its accelerated recovery provision, lawful under R.C. 4905.301 and 4905.69.

Workers' compensation - Application for permanent total disability compensation - Mandamus to compel Industrial Commission to vacate order denying compensation - Limited writ issued and cause returned to commission for further consideration, when.

Workers' compensation—Self-insured employer who, subsequent to the initial allowance of a claim, certifies a medical condition as allowed on a C-174 form has conclusively granted that additional condition as part of the claim—Employee who retires prior to becoming permanently and totally disabled is precluded from eligibility for permanent total disability compensation, when—Employee who retires subsequent to becoming permanently and totally disabled is not precluded from eligibility for permanent total disability compensation regardless of the nature or extent of the retirement.

Taxation - Personal property tax - Automobile dealer's demonstrator motor vehicles not included in average monthly inventory calculations for personal property tax purposes.

Criminal law - R.C. 2923.31(E), construed - Determining whether a federal offense constitutes a felony for purposes of R.C. 2923.32.

Criminal procedure - Evidence - Proof necessary to establish that a drug transaction occurred in the vicinity of a school premises - R.C. 2925.03, construed.

Municipal corporations - - Municipality has no authority under R.C. 4955.20 to adopt ordinance requiring railroad company to install particular type of railroad crossing on state highway without first having plans approved by .

Civil procedure - Trial court, when ruling on Civ.R. 41(B)(1) motion to dismiss for want of prosecution in an action that has been refiled , may consider the dilatory conduct of the nonmoving party in the previously filed action.

Workers' compensation - Court not precluded from ordering Industrial Commission, in mandamus action, to award permanent total disability benefits, when.

Taxation - Real property valuation - Board of Tax Appeals decision not overruled by court, when - Taxpayer has duty to prove right to a reduction in value.

Workers' compensation - Motorized scissor lift - Employee's death resulting from fall due to malfunctioning gate-locking mechanism - Additional award for alleged violations of several specific safety requirements denied, when.

Hospitals - Physicians and surgeons - Malpractice - Hospital may be held liable under doctrine of agency by estoppel for the negligence of independent medical practitioners practicing in the hospital, when.

Taxation - Real property assessment - Senior retirement complex - Tax Commissioner has authority to deputize county auditor to receive exemption application filings on the commissioner's behalf .

Mandamus to compel reinstatement as a cook/substitute matron in Scioto County Sheriff's Department and back pay with interest - Writ granted, when.

Complaint for writ of prohibition to prohibit judge from exercising further judicial power in personal-injury complaint involving electric utility - Writ denied, when.

Prejudgment interest - R.C. 1343.03(C), construed and applied.

Criminal law - Motion to suppress - Accused must state the motion's legal and factual basis with sufficient particularity to place prosecutor and court on notice of issues to be decided. .

Taxation - Real property - County budget commission must comply with tax reduction factors certified by Tax Commissioner .

Workers' compensation - Claimant not entitled to concurrent payment of compensation for impaired earning capacity and temporary total disability where the same body part but different conditions are involved.

Workers' compensation - Denial of occupational disease claim - Cause returned to Industrial Commission for clarification and an amended order, when.

Mandamus to compel county auditor to transfer a parcel on the tax list - Writ allowed, when.

Appeal dismissed as improvidently allowed.

Workers' compensation - Application for permanent total disability compensation - Industrial Commission's order denying compensation vacated and returned to the commission for further consideration and an amended order when .

Domestic relations - R.C. 3105.171 applies prospectively only to those divorce cases filed after its effective date.

Public Utilities Commission - Telephone companies - Intra-state and intra-LATA access services and charges - Commission order affirmed, when.

Evidence - Trial court abuses its discretion in permitting investigating police officer to testify as to which party was at fault in automobile accident, when - Qualifications of expert witness.

Workers' compensation - Industrial Commission's continuing jurisdiction does not extend beyond the institution of mandamus proceedings .

Automobile liability insurance - Uninsured motorist coverage designed to protect persons, not vehicles - Insurance policy exclusion of uninsured motorist coverage for vehicle owned by relative, not in accord with R.C. 3937.18.

Evidence - Witnesses - Post-traumatic stress disorder in children is a proper subject for expert testimony .

Public records - "Available for inspection to any person" - R.C. 149.43(B) - Mandamus - Case dismissed because no designee came to inspect records.

Taxation - Unconstitutionality of a tax statute must be raised in notice of appeal to Board of Tax Appeals - Supreme Court without jurisdiction to consider claim of unconstitutionality when issue not raised in notice of appeal to Board of Tax Appeals.

Workers' compensation - Application for permanent total disability compensation - Permanent total disability not barred by the mere presence of disabling nonallowed conditions, when .

Public Utilities Commission—Application for rate increase by small telephone company—R.C. 4927.04(B) and the commission's alternative regulations permit the commission to set small company rates without a hearing—Ratepayers have right to protect interest they may have in just and reasonable rates under R.C. 4905.22 by filing a complaint under R.C. 4905.26.

Attorneys at law - Misconduct - Two-year suspension with final year stayed for a probationary period of two years with conditions - .

Attorneys at law - Misconduct - Stayed two-year suspension with two-year probation on conditions - Committing perjury - Repeatedly lying to clients - Lying to bar association grievance committee.

Motion for delayed reinstatement of appeal denied.

Motion for delayed reinstatement of appeal denied.

Motion for delayed reinstatement of appeal denied.

Motion for delayed reconsideration of appeal denied.

Motion for delayed reconsideration of appeal denied.

Criminal law - R.C. 2927.12, the ethnic intimidation law, is constitutional under the United States and Ohio Constitutions.

Attorneys at law - Misconduct - Indefinite suspension until respondent fully complies with registration requirements of court, then one-year suspension stayed with conditions - Dishonest conduct .

State Employment Relations Board - Court of Appeals' findings of trial court's subject-matter jurisdiction and lack of jurisdiction to hear union's appeal from decision of SERB affirmed - Ruling on other assignments of error vacated.

Domestic relations - Custody - Trial court abuses its discretion when it uses a document filed in compliance with a local rule as the only evidence to remove a child from the mother's custody .

Mandamus - Denial of writ affirmed.

Municipal corporations - Wrongful death action against city for death of child at city-owned wave action pool - Immunity from suit under R.C. 2744.01(C)(2)(u) providing that "swimming pool" is a "governmental" function .

Environmental protection - Air pollution control - Like-kind replacement of piece of equipment used in manufacturing operation involving emission of an air contaminant does not constitute "the installation of a new source of air pollutants" .

Streets and highways - Interpreting R.C. 2744.02(B)(3) to determine when a political subdivision may be liable for failing to keep its roadways "free from nuisance" .

Mandamus to compel reinstatement as chairman of North Olmsted Civil Service Commission—Removal of Chairman procedurally flawed but reinstatement refused, when.

Taxation—Personal property tax—Facility-based interexchange telephone message carrier's equipment taxed at one hundred percent of true value while its competitors' equipment is assessed at thirty-one percent of true value—Equal Protection Clause violated, when—Notice of appeal to Board of Tax Appeals—In resolving questions regarding effectiveness of a notice of appeal, Supreme Court not disposed to deny review by a hypertechnical reading of the notice—Unconstitutionality of tax statute raised—Board of Tax Appeals receives evidence and Supreme Court makes constitutional finding.

Railroads - Railroad car transporting hazardous material involved in derailment ruptures and creates dangerous phosphorous cloud - Federal Railroad Safety Act does not preempt common-law tort claims.

Partnerships - "Partnership," defined - R.C. 1775.05(A), construed - In a limited partnership, general partner owes a fiduciary duty to the limited partners of the enterprise .

Criminal law - Aggravated murder - Death penalty upheld, when.

Appeal dismissed for want of final appealable order.

Attorneys at law - Misconduct - Eighteen-month suspension stayed with conditions - Disciplinary Rule violations - Engaging in conduct prejudicial to the administration of justice.

Mandamus to compel board of education to reinstate relator to administrator's position with back pay and benefits from which he was non-renewed for the school years 1988-1989 through 1991-1992 - Writ granted when .

Constitutional law—Commutations of death sentences by Governor not subject to application process outlined in R.C. 2967.07—Section 11, Article III, Ohio Constitution, construed.

Taxation - Real property taxes - Determining true value of federally subsidized housing under R.C. 5713.03.

Taxation - Real property valuation - Party that asserts right to an increase in real property valuation has duty to prove his right to an increase in value.

Taxation - Real property valuation - Federally subsidized apartments - Appropriate treatment of expenses in determining valuation.

Taxation - Real property tax valuation - Board of Tax Appeals' decision reversed and remanded by Supreme Court - BTA's failes on remand to consider the issues of .

Taxation - Real property valuation - In absence of a current sale of property, true value in money may be determined by appraisal, utilizing the market approach, the income approach or the cost approach .

Taxation - Real property valuation - Board of Tax Appeals' decision not disturbed by court when supported by sufficient probative evidence.

Torts - Abuse of process - Necessary elements - Action governed by four-year limitation period of R.C. 2305.09 - Civil procedure - .

Civil procedure - Personal jurisdiction - Once Ohio court acquires personal jurisdiction over nonresident defendant for claims arising in Ohio, Civ.R. 18(A) permits joinder of related claims that do not arise in Ohio, when.

Public utilities - Cable television system is a communications business under R.C. 4931.11.

Juvenile law - Grandparent visitation authorized, when - Grandparents not qualified even to seek court ordered right to visit putative biological grandchild until the alleged paternity of the grandchild is established .

Insurance—Underinsured motorist coverage—Wrongful death claim—Each person entitled to recover under R.C. 2125.02 has separate claim subject to any per accident limit—Insurers may contractually preclude intrafamily stacking but may not contractually preclude interfamily stacking—Underinsurance claim must be paid, when—Each person who is covered by an uninsured/underinsured policy has a separate claim subject to a per person policy limit.

Evidence—Evid.R. 804—Hearsay exceptions—Decision whether to admit hearsay statement of unavailable declarant pursuant to Evid.R. 804(B)(3) is within discretion of trial court. A decision whether to admit the hearsay statement of an unavailable declarant pursuant to Evid.R. 804(B)(3) is one within the discretion of the trial court.

Domestic relations—Arrearages in child support which have not been reduced to a lump-sum judgment are not subject to interest provisions of R.C. 1343.03. Arrearages in child support which have not been reduced to a lump-sum judgment are not subject to the interest provisions of R.C. 1343.03.

Mandamus to compel Board of Tax Appeals to reinstate employee and payment of back wages—Writ denied when adequate remedy by way of appeal exists.

Probate—Wills—Mortmain statute viable rule of law at time of testator's death—Effect on residuary provisions of testator's will when statute declared unconstitutional.

Attorneys at law—Client has absolute right to discharge law firm subject to obligation to compensate firm for services rendered—Contingent-fee agreement—Discharged law firm's cause of action for fee recovery on basis of quantum meruit arises, when—Factors trial court should consider in determining reasonable value of discharged contingent-fee firm's services.

Criminal law—Aggravated murder—Death penalty upheld, when.

Evidence—Evid.R. 610—Religious beliefs or opinions—Trial court improperly permits admission of evidence of a witness's religious beliefs or opinions for the purpose of impeachment, when.

Ohio Civil Rights Commission—Common pleas court has jurisdiction to modify order of commission—Proper measure of damages in employment discrimination case—Where amount of backpay that would have been received by victim of employment discrimination is unclear, ambiguities are resolved against discriminating employer—Unemployment compensation benefits are not deducted from a back pay award made pursuant to R.C. 4112.05(G).

Appeal dismissed as improvidently allowed.

Criminal procedure—Parole—Parole authority possesses discretion to rescind an unexecuted order for a prisoner to receive parole at a future date without providing a hearing—Habeas corpus unavailable to challenge parole conditions which are restrictive of petitioner's liberty—Declaratory judgment proper remedy to determine constitutionality or constitutional application of parole guidelines.

Mandamus to compel Shelby County Commissioners to pay village solicitor for services provided by him in Sidney Municipal Court—Limited writ granted to compel commissioner to exercise their discretion pursuant to R.C. 1901.34(C) in determining reasonable amount of compensation due village solicitor.

Hospitals—Physicians and surgeons—Malpractice—Hospital may be held liable under the doctrine of agency by estoppel for the negligence of independent medical practitioners operating in the hosptial, when.

Mandamus to compel appellate court judges to certify the record of relator's case to the Supreme Court for the reason that the judgment is in conflict with a judgment pronounced upon the same question by another court of appeals—Writ denied, when.

Municipal corporations - Employees- Chief of Akron Fire Dept. re-classifies firefighter/medic as "acting lieutenant" and a lieutenant as an"acting captain" without approval of the civil service commission .

Appeal dismissed as improvidently allowed.

Appeal dismissed as improvidently allowed.

Contracts - Doctrine of contract integration explained - Contract integration is meant to supply missing meaning in order to effectuate the full intent of the parties, not to allow distinct contracts to be used to contradict unambiguous language.

Injunction prohibiting closing Toledo House of Correction appropriate, when—Portion of injunction which enjoined city activities unrelated to matters addressed by ordinance passed by city council dealing with Toledo House of Correction but defeated in a referendum election inappropriate, when.

Banks—Residential mortgages—Bank's method of interest calculation results in incomplete amortization of mortgage within the stated term—Federal Truth in Lending Act violation alleged—Section 1640(e), Title 15, U.S. Code, construed and applied—Statute of limitations tolled until mortgagor discovered or had reasonable opportunity to discover the alleged fraud or nondisclosures that formed the basis for the Truth in Lending action.

Insurance—Underinsured motorist coverage—Underinsurance claim must be paid, when.

Contracts—Real property—Rescission of real estate purchase contract proper, when.

Insurance—Determination made in declaratory judgment action between insurance company and its insured does not bind persons injured by the insured's negligence who are not parties to the declaratory judgment action.

Taxation—Real property valuation—Federally subsidized construction of apartment complex for elderly and handicapped occupants—Board of Tax Appeals' decision affirmed, when.

Statutes of limitations—Cause of action premised upon acts of sexual abuse subject to one-year statute of limitations for assault and battery—Minor who is victim of sexual abuse has one year from date of reaching age of majority to assert any claims against perpetrator, when.

Criminal law—Defendant represented by two different attorneys from the same public defender's office at trial and on direct appeal—Res judicata applicable to petition for postconviction relief claiming ineffective assistance of counsel, when.

Workers' compensation—Application for permanent total disability compensation—Injury-induced retirement not voluntary, when—Burden of establishing a lack of meaningful review by Industrial Commission to support a due process violation not met, when—Retroactive award of permanent total disability compensation not supported by evidence, when.

Taxation—Real property—Appeal from Board of Tax Appeals' decision granting exemption remanded for determination of whether independent living facility and parking garage are used as "hospital facilities" as defined in R.C. 140.01(E) and therefore entitled to exemption.

Taxation—Public utilities—Sales tax—Motor vehicles excepted from tax, when—R.C. 5739.01(E) and 5739.01(P), applied—Advertising services purchases taxable when an element of tangible personal property is involved—R.C. 5739.13 mandates imposition of a penalty in the event of an assessment—Tax Commissioner has full discretion to partially remit any statutory penalty assessed under R.C. 5739.13.

Taxation—Use tax on aluminum siding sample cases—Retail-sales exception—R.C. 5739.01(E)(2) and 5741.02(C)(2), applied—Taxable "use," when.

Workers' compensation—Industrial Commission improperly orders permanent total disability compensation suspended while claimant is incarcerated in a penal institution.

Torts—Negligence—Compensatory damages and loss of consortium awards reinstated—Punitive damages award vacated.

Courts - Limitation of actions - Hospital employee's negligent use of hospital equipment while caring for a patient which results in injury to patient is a "medical claim" as defined in R.C. 2305.11. .