17 results for 'judge:"Crouse"'.
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
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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
J. Crouse denies a group of residents' motion to certify a class action concerning negligence claims against a railway company for trespass and water damage to their homes during four floods after it obstructed a drainage ditch. The railway company sufficiently showed in court that the residents are obligated to submit individual suits based on their failure to identify how many members would make up a proposed class.
Court: USDC Kansas, Judge: Crouse, Filed On: May 11, 2023, Case #: 2:19cv2305, NOS: Torts to Land - Real Property, Categories: Property, Negligence, Class Action