...Kubasek, Chapter 13, page 369, problem 13-16. Use LexisNexis in the Keller library and look up the Nadel et al. v. Burger King Corp. & Emil, Inc. case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) Plaintiff child was burned by spilled restaurant coffee. Plaintiffs, the child and his mother, grandmother, and father, filed an action in breach of warranty, products liability, and negligence against defendants, the restaurant franchisor and franchisee. The trial court granted the motions of both defendants for summary judgment. Plaintiffs appealed. The court affirmed in part and reversed in part. The spilled coffee was not so unforeseeable as to constitute an intervening cause. Summary judgment was proper for the breach of warranty claims because they were pre-empted by the Ohio Products Liability Law. Summary judgment was wrongly granted on the products liability and related punitive damage claims. Issues of fact remained as to whether the coffee was...
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...IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE: : CASE NO. 04-60600 : ROY JESSE LISATH, : CHAPTER 7 STEPHANIE MYLO LISATH, : : JUDGE HOFFMAN Debtors. : : SSN: (LAST FOUR DIGITS ONLY) 0486 : SSN: (LAST FOUR DIGITS ONLY) 9643 : ------------------------------------------------------------------------------------------------------ RODELL RAHMAAN, : Adv. Pro. No. 05-02049 Plaintiff, : vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter “Rahmaan”), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter “Lisath”), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al., designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U.S.C. §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by...
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...Appeals Cases from 1913 Project ID: FOCUS - 1 of 1 DOCUMENT REBECCA KOOP, Plaintiff-Appellant, - vs - SPEEDWAY SUPERAMERICA, LLC, et al., Defendants-Appellees. CASE NO. CA2008-09-110 COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, WARREN COUNTY 2009-Ohio-1734; 2009 Ohio App. LEXIS 1469 April 13, 2009, Decided PRIOR HISTORY: [**1] CIVIL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS. Case No. 07CV69537. CASE SUMMARY: PROCEDURAL POSTURE: Appellant personal injury victim filed suit against appellee store alleging that it was negligent in its cleaning of a coffee spill, upon which she slipped and fell. The store filed a motion for summary judgment. The Warren County Court of Common Pleas (Ohio) granted summary judgment for the store. The victim appealed. OVERVIEW: The victim argued that the trial court erred by failing to consider the incident report and corresponding witness statements. The appellate court held that the trial court did not err by disregarding the document due to its lack of authenticity. There was no indication that the document, purported to be an employee witness statement, was sworn or certified, nor was there any evidence presented to establish its authenticity by affidavit. Further, the incident report, and the alleged corresponding witness statements, did not meet the admissibility requirements of Civ. R. 56, and therefore, were not entitled to consideration by the trial court for summary judgment...
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...clearly shows that she received title to the 3 feet in question through a deed executed over 40 years ago. Cliff, of course, will argue that he acquired the 3 feet via adverse possession. Neither Cliff nor Mildred can remember exactly when the fence was put up and neither party can remember what was done with that space before the fence was put up. It is apparent that this case will come down to who has the burden to prove what because it's apparent that neither party can prove much of anything except that Mildred has her deed and all parties agree that the picket fence has been up for several years. Your supervising attorney asks you to draft an essay, citing relevant Ohio law where applicable, explaining who has the burden to prove what in this case and which party is likely to prevail. Please do so. Issue- The issue at hand is whether Cliff can prove adverse possession for the 3 feet of land in question under Ohio law against Mildred. Rule- Wechter v. Franklin, C.A. No. E-78-38, Court of Appeals of Ohio, Sixth Appellate District, Erie County, 1979 Ohio App. LEXIS 10401, August 24, 1979. In this case there were two property owners who were fighting over boundary lines and the title to the boundary line was found to be quieted to the owner who had color of title. The error in the property descriptions did not impair the marketability and the...
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...Summary of LEEDCo Case Study The case study provides a historical insight into the wind-based renewable energy source, and brings to light LEEDCo—a regional non-profit and economic development organization, that is engaged in creating an offshore wind energy industry in Ohio. As commonly known, wind power is derived from airflow using wind turbines or sails to produce mechanical or electrical power. Typically, the mechanical power is harnessed from windmills, and transferred to an appropriate application, which requires power. Wind energy has been and currently is a preferred alternative to fossil fuels, on account that it is plentiful, renewable, widely distributed, clean, produces no greenhouse gas emissions during operation and uses little land. The effects on the environment are generally less problematic than those from other power sources. In the forefront of the case, a historical brief is given, depicting wind energy source history, its current utilization throughout the world in contrast to its harnessing and utilization in the US, and both the highlights and the troughs of wind-based energy industry development in the US. The examples and arguments for the above are structured in the context of economical, political, and social boundaries, and give the reader a good taste of what the “lay of the land” looks like. In August 2009, Lake Erie Energy Development Corporation (LEEDCo) found its beginnings from the Great Lakes Energy Development Task Force (GLEDTF)...
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...160 Ohio App.3d 634; Ricker v. Fraza/Forklifts of Detroit; | |[pic] |[pic] |Page 634 |[pic] | RICKER, Appellant v. FRAZA/FORKLIFTS OF DETRIOT, Apellee. [Cite as Ricker v. Fraza/Forklifts of Detriot, 160 Ohio App.3d 634, 2005-Ohio-1945] 2005-Ohio-1945 Court of Appeals of Ohio, Tenth District, Franklin County. No. 04AP-582 Decided April 26, 2005 LAZARUS, Judge. {¶1} Plaintiff-appellant, J. Griffin Ricker, appeals from a decision of the Franklin County Court of Common Pleas, dismissing his complaint against defendant-appellee, Fraza/Forklifts of Detroit ("Fraza"), for lack of personal jurisdiction. {¶2} Ricker initiated this action with a complaint seeking damages for breach of an oral contract to provide insurance consulting services. The complaint alleges that Ricker is an insurance consultant with his principal place of business located in Hilliard, Ohio, and Fraza is a Delaware corporation with its principal place of business located in Roseville, Michigan. The complaint further alleges that, in 2002, Fraza hired Ricker to provide insurance consulting services, and agreed to pay Ricker $30,000 if business insurance was obtained through the efforts of Ricker. Such payments would apply to subsequent annual renewals of insurance. Ricker obtained insurance coverage for Frazer from Universal Underwriters Group for 2002. Fraza paid Ricker for his consulting...
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...ADR Assignment 2 Ashley Graham Shaeffer, Whiting v. Grange Mutual Casualty Company , 1981 Ohio App. LEXIS 14351 In this case Plaintiffs, an injured passenger and his mother, sought review of an order from the Franklin County Common Pleas Court (Ohio), which dismissed their personal injury action and sustained a motion for summary judgment filed by defendant liability insurance carrier.he only contractual duty of Grange to plaintiffs was to pay medical payment expenses pursuant to the terms of their insurance contract. It is conceded that all medical payment obligations were discharged. Grange's remaining duty under the insurance contract was owed to their insured, which was to defend in good faith and to pay any judgment assessed against its insured which was covered under the terms of the policy. If Grange fails to discharge its obligations to its insured, the insured has a claim against Grange for breach of contract. Plaintiffs argue that a liability insurance carrier has a duty outside the terms of its insurance contract to deal in good faith with the public, including those persons injured by the actions of its insured. There may be such a duty, but it does not create an independent cause of action that may be enforced by the injured party through a direct action against the insurance carrier. The Superintendent of Insurance has the power to take action against an insurance company who engages in unfair acts or practices in the business of insurance...
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...was tolled under the Continuing injury Doctrine in Brumfiel’s FDCPA claim. C. Whether the court erred in denying Brumfiel’s Motion to Dismiss on grounds that the Trust had standing to foreclose and denying her defenses including constitutional defense. D. Whether the Court erred Granting Plf’s Summary Judgment, where the Trustee’s status as holder was disputed as sufficient to foreclose. E. Whether the Court erred by holding that Brumfiel may not, as a non-party, challenge an assignment or agreement. F. Whether the court committed error by applying the Civil Access Pilot Program (CAPP) to Defendant’s foreclosure. G. Whether the court abused its discretion by making rulings on evidence that denied her a chance to tell her side, and withholding excess proceeds from the sale. H. Whether the plaintiff waived any deficiency judgment. 1 I. Whether the court erred by granting the CLG attorney’s fees from an Untimely, and Procedurally Defective Request. III. STATEMENT OF THE CASE The Trustee initially sought a Rule 120 which it ultimately withdrew fearing Judge Martinez in the federal case # 12cv02716, would allow a challenge to the constitutionality of the Rule 120. In the federal case Brumfiel charged the above foreclosure attorneys with conspiracy to deprive homeowner’s of due...
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...goals of what students should be learning. The curriculum also provides the resources to use that align with the skills or strategies being taught (Danielson, 2002). For previous years and years to come, the curriculum has been the most important part of a school. Choosing the appropriate curriculum and making sure it is fully implemented has been challenging to educational leaders. Periodically, many states often update their curriculum to make sure it continues to align with the state standards. The beginning of the support for public education curriculum came in 1872 in the Kalamazoo case in Kalamazoo, Michigan. In 1874, the case brought to the Michigan Supreme court orders that the state was given the right to support public education by levying taxes. Many other court cases followed this asking for taxes to be levied to support education (The Kalamazoo Case, 1872). John Franklin Bobbit has had the most influence in the education curriculum design. He was an American educationalist and specialized in the field of curriculum. After creating a curriculum for the Philippines, Bobbit realized that a curriculum had more useful solutions than just an American textbook. He believed the curriculum created by the school was a blue print used to prepare students for the future of being a citizen in society. He influenced the curriculum by showing how various teaching methods could correspond to social needs. Bobbit created the following steps...
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...Language h. Criminal Record 3. Valuing Work first: a. Riverside County Nationally recognized for it’s work first program b. Self Esteem c. Case Study 4. Education a. Continuing Education b. Who pays for the education? 5. Summary Welfare and its Barriers Thesis Statement: Although current welfare reform is pushing education over employment there is a strong belief amongst those working in the field of welfare administering that seeking employment first before seeking higher education is the pathway to self-sufficiency for most welfare recipients. Introduction: It is recognized by public service workers that employment is beneficial in building self-esteem for welfare recipients. The belief that all welfare recipients are lazy and just want to draw a check from the government is an untruth. I will share a story with you later in this paper that will provide a basis to disprove that belief, at least for one recipient. While many studies show that the history of welfare reform has pushed our impoverished population to choose between employment and/or and education. For many the thought is that education is a way out of poverty and into better paying jobs. However, what they are quickly finding is that, because of our economy, the lack of jobs, and no work experience under their belts they are forced to take low paying entry level positions upon graduation. In most cases the income they receive does not put a dent in their student loans. (Traynor) ...
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...Marketing Plan: MHS 1 Medical Home Service Keller School Of Management –Online MM522 Ben Parker Instructor Rodney Cullifer January 2011 Final Draft Marketing Plan: MHS 2 Executive Summary My plan includes a service and not necessarily a new product. The service is a complete healthcare service that is mobile and is dedicated to the treatment of diabetes in central and southeastern Ohio. Some of the services are provided by other pharmaceutical companies and some of the service is provided by current healthcare providers, but this service is educationally based and provides care to all diabetic patients. All patients will be accepted by the Mobile Healthcare Service (MHS). Private insurances will be accepted, managed care, and cash payers. But they must be referred to MHS by their primary care doctor or by the specialist such as an endocrinologist. First, I need to discuss how the service is set up and what the team will look like. The team will consist of a Nurse Practitioner, Doctor, Certified Diabetes Educator/Dietician, and Medical Assistant. This team will not be sponsored or run by the pharmaceutical companies and it will not be run by government money or grants. This service will be considered as a third party company providing additional...
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...MARKET FEASIBILITY STUDY PROPOSED HOTEL/CONVENTION CENTER FACILITY LANCASTER, PA PREPARED FOR: MR. DICK SHELLENBERGER, CHAIRMAN BOARD OF COMMISSIONERS LANCASTER COUNTY PREPARED BY: PKF CONSULTING MAY 2006 May 12, 2006 8 Penn Center Plaza th 19 Floor Philadelphia, PA 19103 Phone: 215-563-5300 Fax: 215-563-1977 Mr. Dick Shellenberger, Chairman Board of Commissioners Lancaster County 50 North Duke Street Lancaster, Pennsylvania 17608-3480 Dear Mr. Shellenberger: In accordance with your request we have completed our market feasibility study associated with the proposed development of a Hotel/Convention Center to be located in Downtown Lancaster, Pennsylvania. The entire study and conclusions reached are based upon our present knowledge and information with respect to the status and demand characteristics of the subject project’s competitive lodging and meetings markets. As in all studies of this type, the estimated results are based upon competent and efficient management and presume no significant change in the competitive position of the lodging and meetings industries in the immediate area from that as set forth in this report. They are also based on our evaluation of the present economy of the region and do not take into account or make provision for the effect of any sharp rise or decline in economic conditions not presently foreseeable. To the extent that wages and other operating expenses may advance over the economic life of the subject project, we expect that prices...
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...wiL1084x_fm_i-xxiv_1.indd Page i 1/10/11 7:53:00 PM user-f499 /Users/user-f499/Desktop/Temp Work/Don't Delete Job/MHBR231:Wild:203 Managerial Accounting John J. Wild University of Wisconsin at Madison Ken W. Shaw University of Missouri at Columbia 3 rd edition wiL1084x_fm_i-xxiv_1.indd Page ii 1/10/11 9:14:31 PM user-f499 /Users/user-f499/Desktop/Temp Work/Don't Delete Job/MHBR231:Wild:203 To my students and family, especially Kimberly, Jonathan, Stephanie, and Trevor. To my wife Linda and children, Erin, Emily, and Jacob. MANAGERIAL ACCOUNTING Published by McGraw-Hill/Irwin, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY, 10020. Copyright 2012, 2010, 2007 by The McGraw-Hill Companies, Inc. All rights reserved. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the United States. This book is printed on acid-free paper. 1 2 3 4 5 6 7 8 9 0 DOW/DOW 1 0 9 8 7 6 5 4 3 2 1 ISBN 978-0-07-811084-9 MHID 0-07-811084-X Vice president and editor-in-chief: Brent Gordon Editorial director: Stewart Mattson Publisher: Tim...
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...The University of Chicago Red Ink in the Rearview Mirror: Local Fiscal Conditions and the Issuance of Traffic Tickets Author(s): Thomas A. Garrett and Gary A. Wagner Source: Journal of Law and Economics, Vol. 52, No. 1 (February 2009), pp. 71-90 Published by: The University of Chicago Press Stable URL: http://www.jstor.org/stable/10.1086/589702 . Accessed: 12/03/2011 22:11 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at . http://www.jstor.org/action/showPublisher?publisherCode=ucpress. . Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. ...
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...Storage Views, Inc. 3PL Warehousing and Cataloging GM600 - Business Planning Seminar Professor: James Peacock Alex Buzanover Cindy Chung Cristina Loyola Franklin Ochs Talisha Shine Holly Tallcott Executive Summary: Overview Storage Views, Inc. (SVI) is a Los Angeles based third-party logistics (3PL) organization specializing in the warehousing needs of local apparel manufacturing establishments. Comprised of a group of diverse and highly experienced professionals, SVI will invigorate the traditional 3PL services with a focus on innovation and superior customer support services. Vision & Mission – With the company slogan, “We are here for you”, Storage Views, Inc. (SVI) sets the fundamental expectation for our clients that their needs are the primary focus of our business. The mission of Storage Views, Inc. of letting the client’s needs be the main driver in the service offerings while incorporating the latest technologies to address those needs will be ever present in all levels of the organization. Storage Views, Inc.’s vision is to be an innovator of third party logistic services while always putting the client first. Marketing Plan Summary Product While providing the standard third party logistics offerings such as pick and pack, warehousing, and distribution, Storage Views, Inc. will also offer the following additional value added services: 1. Assess business partner shipping method, such as Less than Truckload (LTL) to truckload, to help reduce...
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