Ohio General Practice Legal Questions

You may have a case agains tyour wife, but that has nothing to do with the obligation you undertook with Eagle Loan.  Whether you are able to collect from your wife or not, you are obligated to pay Eagle Loan, and, once it obtains a judgment against you, it will likely be able to garnish your wages to collect.... Read More

I'm so sorry for your loss.  It's understandable why you would not want to deal with estate issues, and it is possible that in Ohio there may be a shortcut that will allow you to register the car as your own with only a death certificate and an affidavit that your son left no will or other heir (e.g. spouse, child, sibling.)  You should call your local department of motor vehicles to inquire.  If not, however, I'm afraid you're going to have to start an estate administration proceeding (if there was no will) or probate proceeding (if your son left a will) to get your son's assets transferred from his estate to you.... Read More

I have gout as well, but have felt much better since my doctor prescribed the drug uloric for me.  I'm not a doctor, obviously, but you might want to discuss this medication with a doctor.   You say that your doctor prescribed the wrong medication, but did he make a mistake, or did it just not work for you?  Sometimes medications don't work through nobody's fault, and the proper medication and dosage is only found through trial and error.  If this was the case, you would not have any claim against your doctor.  If, however, the doctor made some sort of error that a competent physician should not have made, you may have a malpractice claim against him for the pain and suffering you suffered that could have been avoided if the doctor had acted with the proper degree of professional skill and care.... Read More

I may be missing something, but I don't understand why a person who deliberately destroys your property would think that he is not liable for his actions.  However, unless you're talking about a car or something very expensive, I don't think this is a matter for the police.  Sue him.... Read More

While I am not familiar with Ohio law, I doubt that, now that the action is over, you have any basis for a "defendant's motion."  You are no longer a defendant - you pleaded guilty and paid the penalty.  Although theoretically you could make a motion to vacate the judgment, you have articulated no basis why the judgment would be vacated, since there was no reason why you couldn't have fought the ticket before, instead of pleading guilty.  You might be able to get the information you seek through a freedom of information request, but I don't see how it will help you.... Read More

As the party paying the bill, I believe you have the right to question charges on it.  As a practical matter, however, what difference does it make since your son is on board?  If the attorney refuses to divulge the information to you on the ground that you are not the client, just have your son ask for it.... Read More

Yes.  Beware, the contract with Firestone for the brake work may have a limitation of liability clause limiting the amount they would have to pay you for any screw ups.  However, if Firestone actually knew that the brakes were broken and let you leave anyway, this would be intentional misconduct, and (if you can prove it) should get around that limitation.  In New York,you can contractually limit your liability for negligence, but not for intentional misconduct, and I assume the law is the same in Ohio.... Read More

I'm not sure why you think this document has been publicly filed, but you should check with the local county clerk (may have a different title in Ohio) to determine whether documents filed that long ago are available online.  My guess would be that they are not, and  you will have to physically go down to the County Clerk's office to look, and probably request that they pull an archived file.... Read More

The question is not one of causation, but negligence.  Absent negligence, or some other wrongdoing, causation is irrelevant.   If I fire you, I may be the proximate cause of your being evicted because you can't pay the rent, but if I was within my rights to fire you you have no claim against me.   Moreover, most jurisdictions now have the concept of comparative fault, where liability is apportioned among two or more parties, not just the one most responsible for causing the damage. From the facts as you've reported them, your damages could have been caused, in whole or part, by the trucking company's and driver's negligence, the utility company's negligence, both of their negligence, some third party's negligence, your own negligence, or nobody's negligence.  If the truck was in fact of legal height, and the wires were strung so as to be low enough to be struck by a truck of legal height, the utility company was negligent.  If the driver shoudl have seen how low the wires were and stopped, or was going too fast and that's why the wires came down, the trucking company is negligent.  If the wires were too low because a gardener ran his mower into a utility pole and caused it to lean, that third party is negligent.  If you saw that the wires were too low and were being struck by trucks three months ago and did nothing, you could be negligent.  If the wires were too low because of a lightning strike which only recently happened, it may be that nobody was negligent.  These facts would be developed in discovery during a lawsuit in which you sue both the trucking company and the utility company.... Read More

"Resident" can mean different things for different purposes.  Thus, for tax purposes a person could be considered a resident of one place while he is considered a resident of a different place for jury duty.  In general, a person is a resident of the place if he or she intends to remain there.  If this person is living in the nursing home temporarily, with the intent to leave it in the near future, he or she might not be considered a resident, but if he or she expects to remain there for the foreseeable future, he or she would probably be considered a resident.... Read More

There is no time limit.  Ohio law allows employers to ask only about conviction records that have not been sealed and bail forfeitures that have neither been sealed nor expunged, unless the question bears a direct and substantial relationship to the job.  You may want to seek advice to get the conviction sealed or expunged, if possible.... Read More

The following people are prohibited from owning a firearm: those under indictment for or have been convicted of a felony; a fugitive from justice; an unlawful user of or addicted to any controlled substance; an alien who is illegally or unlawfully in the United States; discharged from the Armed Forces under dishonorable conditions; someone who has renounced his or her U.S. citizenship; subject to a court restraining order; convicted in any court of a misdemeanor crime of domestic violence. Now you mentioned in your question you had marijuana and related paraphernalia in your possession.  You did not mention any other drug use.  The statute that sets out the prohibition for drug use is 18 U.S.C. § 922(g)(3).  A case that went on to give it some meaning is United States v. Edwards, 38 Fed. Appx. 134, 138 (4th Cir. 2002).  There the court said the statute was directed to those whose drug use was "sufficiently consistent, 'prolonged,' and close in time to [their] gun possession to put [them] on notice that [they] qualified as an unlawful user of drugs under the statute." Thus, the only one that can answer that question is yourself.  The form you must fill out to obtain a firearm will ask you this very question.  If you do have a problem with drugs it is best not to own a firearm.   ... Read More