Marquez v. Ohio Dept. of Pub. Safety
Citations
- 2023 Ohio 4141
Syllabus
Motion for summary judgment Civ.R. 56(C) motor vehicle collision public duty doctrine emergency call doctrine R.C. 2744.02. Plaintiffs brought this action to recover damages that they incurred after a motor vehicle collision with an on-duty trooper. The court found that because plaintiffs did not offer any evidence contrary to defendants' assertion that the trooper was responding to an emergency call at the time of the collision and plaintiffs did not plead willful or wanton misconduct, defendants were entitled to judgment as a matter of law. Therefore, defendants' motion for summary judgment was granted and judgment was entered in favor of defendants.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Phillips counsels looking to the prosecution histo- ry to ‘show what a person of skill in the art would have understood disputed claim language to mean.’”
- prosecution history is strong evi- dence of what a skilled artisan “would have understood dis- puted claim language to mean”
- \ Phillips counsels looking to the prosecution history to 'show what a person of skill in the art would have understood disputed claim language to mean.' \
- \[T]here is no requirement under the implied waiver doctrine that a third party must interpret the patentee's conduct as constituting a waiver of its rights to enforce the patent.\
- equitable estoppel requires a duty of disclosure, a breach of that duty, and misleading conduct that \led the alleged infringer to reasonably infer that the patentee does not intend to enforce its patent against the alleged infringer\
- “the court does not believe it is ‘expert’ testimony . . . for an engineer to describe the products he has built . . . These examples clearly draw on ‘technical’ knowledge, yet they are not expert testimony.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sadler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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