22 results for 'judge:"Crouse"'.
J. Crouse finds the trial court erroneously refused to allow the estate to argue, at the summary judgment stage, a premises liability claim against a garbage company for its alleged failure to remedy dangerous conditions at its landfill. The estate's allegations were sufficient to plead the claim. Additionally, because the city employee's parking of the truck too close to the decedent and at an improper angle is considered the "operation" of a motor vehicle and led to the fatal accident, the city was not entitled to political subdivision immunity; therefore, the case will be reinstated in full upon remand. Reversed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: August 7, 2024, Case #: 2024-Ohio-2972, Categories: Negligence, Wrongful Death, Premises Liability
J. Crouse grants a County and a police officer’s motion for summary judgment concerning excessive force claims brought by a civilian. The police officer in question sufficiently showed in court that he is entitled to qualified immunity after he detained the civilian, however, two remaining police officers face allegations that they went overboard while tasing him.
Court: USDC Kansas, Judge: Crouse, Filed On: August 1, 2024, Case #: 2:23cv2154, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Immunity, Negligence
J. Crouse grants summary judgment to a healthcare service on an occupational therapy employee's hostile work environment concerning claims that a male co-worker engaged in "sexually inappropriate behavior" in the workplace. The healthcare service sufficiently showed in court that the employee failed to timely submit her claims, and that the alleged actions at the hands of her male co-worker was not severe enough to move ahead.
Court: USDC Kansas, Judge: Crouse, Filed On: July 25, 2024, Case #: 2:22cv2471, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Crouse finds the trial court properly denied defendant's motion for a continuance to allow him to conduct independent testing of drugs recovered at his apartment. The request was made on the eve of trial, more than two and a half years after the initial drug test results were made available to the defense, and was clearly a delay tactic. However, even though the trial court told defendant it imposed consecutive sentences to protect the public, it failed to make required findings about whether the sentences were disproportionate to the seriousness of defendant's conduct; therefore, the case will be remanded for resentencing. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: July 24, 2024, Case #: 2024-Ohio-2792, Categories: Drug Offender, Sentencing
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J. Crouse denies a group of gun owners' motion for a nationwide preliminary injunction concerning a new administrative rule forged by the Bureau of Alcohol, Tobacco, Firearms and Explosives, which interprets federal firearm statutes. The government sufficiently showed in court that the rule is already in effect.
Court: USDC Kansas, Judge: Crouse, Filed On: July 10, 2024, Case #: 6:24cv1068, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Injunction
J. Crouse grants a commissioner of education's motion to dismiss two homeschools' request for a preliminary injunction for special education benefits. The commissioner of education sufficiently showed in court that Individuals with Disabilities Act funding requires children to obtain benefits in the classroom, unless a parent decides to pay out of pocket for private services.
Court: USDC Kansas, Judge: Crouse, Filed On: June 25, 2024, Case #: 5:23cv4022, NOS: Other Civil Rights - Civil Rights, Categories: Education, Injunction
J. Crouse finds affidavits from the wife's attorney and two expert witnesses were sufficient to allow the trial court to award the exact amount of attorney fees requested, especially considering the wife was successful on all the post-divorce claims filed by the husband. Meanwhile, the husband's absence from the attorney fees hearing did not violate his due process rights because the hearing was delayed twice at his request, which allowed the trial court to deny his third motion for a continuance. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: January 26, 2024, Case #: 2024-Ohio-266, Categories: Family Law, Due Process, Attorney Fees
J. Crouse finds the trial court erroneously denied the spine surgeon's motion for a directed verdict on the patient's informed consent claim. Although the wrong procedure was initially explained to the patient, the chain of causation was broken when the surgeon's associate obtained the patient's consent for the proper surgery on the morning of the procedure. Additionally, the trial court improperly admitted a video of the surgeon that included unrelated medical malpractice claims, resume inflation and information about his Pakistani heritage, all of which unfairly prejudiced the jury against him; therefore, he is entitled to a new trial. Reversed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: December 29, 2023, Case #: 2023-Ohio-4818, Categories: Evidence, Medical Malpractice
J. Crouse finds the juvenile court erroneously determined defendant caused the fight with the victim when she left her home with a knife. At the time she left her home, she had no intention of fighting and only did so when she was attacked by the victim and a group of her family members. However, the adjudication of the juvenile defendant as delinquent for assault and murder charges was not against the weight of the evidence because defendant's self-defense claim failed, given that she used the knife immediately upon being confronted by the victim, who was unarmed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: December 29, 2023, Case #: 2023-Ohio-4816, Categories: Juvenile Law, Murder, Self Defense
J. Crouse finds that while the trial court should not have allowed the patient's counsel to refer to the spine surgeon's license revocation in a medical malpractice case, the error was harmless. Licensing was mentioned only twice and had no prejudicial effect given the overwhelming evidence against the surgeon. Meanwhile, the court properly awarded future damages based on competent evidence from an expert witness who testified the patient would need specific and specialized spinal care for the rest of his life. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: November 22, 2023, Case #: 2023-Ohio-4195, Categories: Evidence, Damages, Medical Malpractice
J. Crouse finds the trial court properly granted the juvenile defendant's motion to suppress statements made to police and the results of a DNA draw in a burglary case. Although he told officers he understood his Miranda rights, the use of force by the officers during his arrest and detainment and his mother's pleas for him to tell the truth constituted coercive behavior that rendered any waiver of the rights involuntary. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: November 8, 2023, Case #: 2023-Ohio-4042, Categories: Dna, Juvenile Law, Miranda
J. Crouse finds the trial court properly allowed the patient to pursue damages for past medical expenses against the spine doctor. She was not required to join them to her action as real parties in interest after she settled subrogation claims with Medicare and her other insurance providers. Meanwhile, the trial court properly granted the doctor's request for a damages setoff of $157,000 following the patient's settlement with the hospital defendants because there was no evidence to support her claim the causes of action against the hospital would have allowed her to seek punitive damages. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: November 1, 2023, Case #: 2023-Ohio-3953, Categories: Damages, Medical Malpractice
J. Crouse finds the trial court properly determined an urban delivery company assented to a gig networking platform’s terms and conditions by creating its account, so the platform was therefore reasonable to enforce the forum-selection clause. The preliminary and antisuit injunctions were not in error and is overruled. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: October 20, 2023, Case #: 2023-Ohio-3807, Categories: Contract, Injunction