6 results for 'judge:"Hendrickson"'.
J. Hendrickson finds the lower court properly granted the pesticide application company's motion for summary judgment on the vineyard's negligence claim. The weather conditions at the time of the pesticide application on a neighboring farm exceed the scope of a juror's knowledge and required expert testimony on the part of the vineyard. However, because the vineyard presented expert testimony that conflicted with the pesticide company's testimony about breaches of application labels, a genuine issue of fact prevented judgment on its negligence per se claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: April 22, 2024, Case #: 2024-Ohio-15323, Categories: Property, Negligence, Experts
J. Hendrickson finds the trial court properly imposed consecutive sentences after defendant pleaded guilty to two charges of sexual battery. The seriousness of his conduct, which included blackmail and threats against the minor victim if she refused to have sex, supported the increased punishment. Although defendant suffers from PTSD as a result of military service and expressed sincere remorse before he was sentenced, the trial court was not required to reduce the sentence and spoke on the record that it considered all required factors before it handed down consecutive sentences. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: February 5, 2024, Case #: 2024-Ohio-381, Categories: Sentencing, Sex Offender, Child Victims
J. Hendrickson finds the lower court properly awarded compensatory damages to the logistics company against a delivery driver arising from a store's rejection of a load of ice cream because it had melted. Evidence, including black box data from the truck driver's refrigeration unit, clearly proved the driver was at fault for the melted ice cream, which was damaged when he chose cycle, rather than continuous, mode on the refrigerator, which shut off while he waited for the warehouse employees to empty the trailer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: December 18, 2023, Case #: 2023-Ohio-4585, Categories: Damages, Negligence, Contract
J. Hendrickson finds the trial court properly granted permanent custody of the children to family services. Allthough the mother willingly engaged in large portions of her case plan, she threatened several family services employees, forged doctors' notes when she missed required hearings or classes, and failed to ensure the safety of the children when they were in her care, all of which gave the court a legitimate reason to place them in foster care permanently. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: November 13, 2023, Case #: 2023-Ohio-4082, Categories: Evidence, Family Law
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J. Hendrickson finds the trial court erroneously denied the dairy farm's motion for summary judgment on the injured employee's intentional tort claim. No reasonable jury could have found the farm had the specific intent to injure the employee when it failed to replace the safety guard on the rotor shaft of a piece of equipment. The court incorrectly interpreted the phrase "deliberate removal" in Ohio's tort law and allowed the farm's failure to replace the guard to be considered a deliberate action that exposed it to liability for the employee's injuries, but because there was no evidence in the record the farm ever removed the guard, which may have broken off during normal use, the employee could not prevail on his claims. Reversed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: July 10, 2023, Case #: 2023-Ohio-2339, Categories: Employment, Tort