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· 2/2/2017

Barksdale v. Ohio Dept. of Rehab. & Corr.

Citations

  • 2017 Ohio 395

Syllabus

Court of claims overruled appellant's objections to the magistrate's findings of fact with regards to claims of negligence. Appellant appealed, however did not provide the court of appeals with a transcript of the proceedings from the court of claims. Furthermore, pursuant to App. R. 9, the DVD video/audio recording of the trial held before the magistrate could not be substituted in lieu of or as an alternative to the transcript. Accordingly, without a transcript, the court of appeals is bound by the court of claims finding that appellant did not meet the burden of proof to establish proximate cause. The court of claims did not abuse its discretion in adopting the magistrate's decision. Court of Claims judgment affirmed.

Judges: Dorrian

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