Skip to main content
John Robert Sauter

John Sauter’s Answers

146 total


  • My 13 year old daughter had a really bad accident at school and I am trying to determine if a lawsuit is justified.

    My daughter is 13 and attends a private girls school. At the top of one of the publicly accessable stairways is a door to an attic that has no lock or keep out sign on the door. She went into the attic to explore and as she got farther in she step...

    John’s Answer

    As the owner of the premises, the school has the duty to exercise ordinary care to keep the property in reasonably safe condition. Whether or not they would be found liable (or partially liable) in a court of law depends on the foreseeability of the injury. Was it foreseeable that by not locking or placing a warning sign on the attic door that a student would enter and fall through the ceiling?

    Other considerations include whether or not your daughter was negligent herself in exploring an area which may very well have appeared to be 'off limits' or difficult to access. A finding that your daughter was negligent could reduce or eliminate any damage award.

    You'd be well served to consult with an experienced personal injury attorney in your area. Injury attorneys often will agree to meet with a prospective client to review their case for little to no cost. Best of luck to you.

    See question 
  • How can I get our renters to pay on time?

    We have a current renter with a land contract on a house. She never pays on time and usually have to end up calling her and nagging to get the payment. How easy would it be to get her out? We are tired of dealing with her and need the payment On t...

    John’s Answer

    As a landlord myself, I'd advise you first to strictly follow any procedures for payment of late/past-due rent written in your lease. If the person is consistently late and you feel that you could re-rent the property with little effort, you can begin eviction proceedings. Speak with a property law attorney in your area so that you can be sure you properly follow the eviction proceedings in order to make the process as quick and inexpensive for you.

    See question 
  • How long does a sentence for murder in ohio

    if the person confessed but was under the influence of drtugs

    John’s Answer

    In Ohio, 1st Degree Murder (commonly referred to as aggravated murder) is punishable by death, life in prison (w/no parole) or life in prison with the chance at parole after 20 years. 2nd Degree Murder is punishable by 15 years (minimum) to life in prison (w/ or w/out chance at parole, depending on the crime).

    See question 
  • Is there a time limit to report a WC fraud? This person has taken a cash settlement, and getting SSD. and also a pension.

    By getting his settlement, and pension from this company, and also SSD, he is not showing any signs of any disability nor during the waiting period of the claim. When out of state for vacations, no problems. Only during the court case. Is it possi...

    John’s Answer

    If you suspect fraud (and it sounds like you do) you should report the activity to the Bureau of Workers' Compensation Special Investigations department at the following link: http://www.ohiobwc.com/bwccommon/forms/Fraud/

    See question 
  • My husband was in a wreck, he hit a guy that was standing on the road because the guy just had a wreck, it was black ice out.

    The other guy wrecked his car and my husband slowed down and hit black ice and hit the guy standing out of his wrecked car. The guy was up walking around before the cops came but the guy did go to the hospital. The guy did get ticketed for no dri...

    John’s Answer

    As the other attorney stated, contact your automobile insurer. Most auto policies provide an attorney to represent you in these types of matters.

    See question 
  • Do court of Clerks treat Pro Se Defendant different then lawyers, Or do Motion to Discovery take longer to process and to mail?

    After I filed some motions to Discovery and Release of Evidence 2 days ago, I found out that the Court didn't follow through with the motion. They did not do anything with it. When I go and asked and it was like they didn't know where the form ...

    John’s Answer

    I suspect I answered your question earlier. If true, please avoid posting the same question multiple times to this forum.

    I cannot stress how important it is that you retain an attorney. As a pro se defendant, you are expected to know the Rules of Civil Procedure as a licensed attorney would.

    In your case, you erroneously attempted to serve a Discovery request on a party by filing it with the clerk's office. This is not the correct procedure. Discovery is between the parties, not the court. It is not the clerk's responsibility, it is yours. It also isn't their responsibility to teach you the Rules of Civil Procedure.

    See question 
  • Do I have to be a lawyer for a party to release me Document Discovery Request, fir example, Store Video Camera, etc...?

    I was trying to get a store to give me access to its store policies brochure, which is what described the store policies between employees and customers...how employee should treat customers, how they should respond to different type of customers....

    John’s Answer

    I'd highly advise you to retain an attorney to help you with your case.

    Discovery, according to the Rules of Civil Procedure, is to be conducted between the parties, "without leave of court." This is the reason the motion you filed with the clerk was not mailed to the party - its your responsibility to serve the discovery request on the opposing party - not the clerk's.

    See question 
  • Are all Judges are former Prosecutors? None Former Defense Attorney in Ohio? How do I get a Profile of Judges in Ohio Court?

    In a trial court where Judge is a former Prosecutor and the City Prosecutor against me, should I be worried about Injustice in the court room? Should I start working on the process of "Removable of Judge" in my trial case against me?

    John’s Answer

    No. Judges (and prosecutors) have a code of ethics they must abide by. While their prior job might color their thinking, knowingly or unknowingly, they must follow prior case law and the Ohio Revised Code. If a judge doesn't, you can appeal a trial court decision.

    If you are facing criminal charges, retain a competent criminal defense attorney. Don't go it alone.

    See question 
  • Will a verbal agreement be honored in the state of Ohio?

    My former boyfriend and I were on a trip when his car broke down. We took it to the shop, and found out what was wrong. The bill was going to be more money than my boyfriend had on him, so he applied for a credit card and was denied. He asked m...

    John’s Answer

    Your verbal agreement was an oral contract and yes, you can bring suit in an Ohio court to enforce the contract between you and this individual.

    Keep in mind that under Ohio law, a small claims court claim cannot be brought for more than $3,000. So if he owes you more than that amount, you'd have to file a claim elsewhere.

    See question 
  • I have a question I slipped at the pool over at the apartment and dislocated my elbow. Should I send them the bill. Just curious

    Slipped at the apartment and dislocated my elbow many other people have been falling since they did some painting but I just heard. I went to the hospital and had the elbow put back into place and was put in a splint now I am in a brace for 6 week...

    John’s Answer

    I agree with the answers provided by my fellow attorneys. It is important to reiterate that you first should meet with a personal injury attorney. Often injury attorneys will agree to meet with a prospective client for free, for the purposes of determining if the would-be client has a valid claim. Injury attorneys commonly work on a contingency basis, meaning they don't bill hourly - instead they take a percentage of your recovery, if any.

    If you negotiate with the insurance company of your apartment complex, you do so at your own risk.

    See question