Johnson V. Mcintosh Case Summary - topic
Tolen et al, No. Signed by Judge Richard W. Tolen et al Doc. After reviewing the record, the Court enters the following Order. Background On the night of June 15, , Jennifer Harris, along with her six-yearold son, Kenleigh Harris, and cousin, Justin Castillo, were fleeing their home after a break-in when they were shot in their car by law enforcement officers. Around midnight on June 15, they and three deputies responded to a call of a home invasion in progress. The call came from Stewart McIntosh. According to Mr. Johnson V. Mcintosh Case Summary..jpg "[BKEYWORD-0-3]")
Appellant sought treble damages against the appellee based upon the damage to his vehicle. The district court held 47 Ohio St. We hold the treble damage provision in 47 Ohio St. Brad L. Roberson and Lauren N. McIntosh's vehicle was damaged and he and the former co-plaintiff, Anthony McIntosh, were injured. At some point Mr. McIntosh stated he needed to call the police to report the accident.
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When Mr. Watkins heard this he returned to his vehicle and fled the scene without providing Mr. McIntosh the information required under 47 Ohio St. Watkins was later arrested and charged with two counts: 1 driving a motor vehicle while under the influence of alcohol; and 2 leaving the scene of an accident involving damage in violation of 47 Ohio St.
He pled no contest to the two counts and received a deferred judgment and sentence on March 9,in Case No. The only remaining issue Johnson V. Mcintosh Case Summary to be decided by the trial court was whether Mr. McIntosh was entitled to receive treble damages for the damage sustained to his vehicle.
Watkins filed a motion for partial summary judgment which was later converted to a motion for summary judgment considering Johnsin was only one remaining issue to be decided. On August 16,a hearing was held and the trial court ruled Mr. McIntosh was not entitled Johnsob treble damages pursuant to 47 Ohio St. McIntosh appeals the trial court's Johnson V. Mcintosh Case Summary on this final issue. Nelson v. Enid Med. That review requires examination of the pleadings and evidentiary materials submitted by the parties to determine whether there exists a genuine issue of material fact.
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When genuine issues of material fact exist, summary judgment should be denied and the question becomes one for determination by the trier of fact. Brown v.
Fulsom v. The primary goal of statutory construction is to ascertain and to apply the intent of the Legislature that enacted the statute. Samman v.
Jonnson If the legislative intent cannot be ascertained from the language of a statute, as in the cases of ambiguity, we must apply rules of statutory construction. YDF, Inc. Schlumar, Inc. The test for ambiguity in a statute is whether the statutory language is susceptible to more than one reasonable interpretation.]
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