63 Ohio App. 3d 46 - Noll v. Nezbeth’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well-settled that summary judgment should be used cautiously so as not to usurp a litigant’s right to a trial. Viock v. Stowe-Woodward Co. (1983), 13 Ohio App.3d 7 , 13 OBR 8, 467 N.E.2d 1378 . The purpose of such an endeavor is not to try issues of fact, but rather to determine whether triable issues of fact exist. Viock, supra. This court has summarized a court’s role in a summary judgment exercise as follows: “ ‘It is well established that summary judgment is to be used cautiously, Viock v. Stowe-Woodward Co. (1983), 13 Ohio App.3d 7 [13 OBR 8, 467 N.E.2d 1378 ], and is to be granted only when the court is convinced that there are no genuine issues of material fact in dispute; that the moving party is entitled to judgment as a matter of law; and that, construing the evidence most strongly in favor of the nonmoving party, reasonable minds could come to but one conclusion and that conclusion is in favor of the moving party. Petrey v. Simon (1984), 19 Ohio App.3d 285 [19 OBR 456, 484 N.E.2d 257 ]. Thus, if any genuine issues of material fact are in dispute, summary judgment must be denied.’ ” Lewkowski v. Goodwin (Oct. 3, 1988), Lake App. No. 13-097, unreported, 1988 WL 102615 . See, also, Morris v. Ohio Cas. Ins. Co. (1988), 35 Ohio St.3d 45 , 517 N.E.2d 904 .”

   2 later decisions quote this exact passage
   e.g. 85 Ohio App. 3d 200 - Mraz v. Taft · 81 Ohio App. 3d 507 - Ebsch v. Tanpnaichitr