Robert Glenn McClelland's Legal Cases (3)

Workers compensation

State ex rel. McDonald v. Industrial Commission

May 17, 2023

OUTCOME: Judgment Affirmed

Where appellee filed a request for death benefits after her fiancé died in an industrial accident, the Ohio Supreme Court concluded that although she was not decedent's surviving spouse, she could pote ... ntially qualify for death benefits as a member of his family. Appellee had a clear legal right to have the Industrial Commission apply R.C. 4123.59(D) correctly to her claim for death benefits, and the commission had a clear legal duty to do so.

Wrongful death

In re Estate of Maybury

Mar 25, 2022

OUTCOME: Appeal Dismissed

The decedent’s mother lacked standing to challenge the trial court's decision appointing the decedent’s ex-husband as the Administrator of the Estate because, pursuant to R.C. 2113.06, the mother had n ... o personal interest in the decedent's estate and, thus, she had no capacity to attack the ex-husband’s appointment as administrator. Because she inherited nothing from the estate, the mother could not demonstrate a present interest in the subject matter of the appeal and could not show that she was prejudiced by the decision of the trial court.

Personal injury

Quinlan v. Highfield

Oct 09, 2018

OUTCOME: Judgment Reversed and Remanded

The trial court abused its discretion in overruling the car accident victim’s Civ. R. 59(A) motion for new trial because the jury lost its way in entering a verdict in favor of the driver and the insur ... er, finding the driver’s negligence was not the proximate cause of the victim’s injuries. At a minimum, based on the uncontroverted evidence and admissions of counsel, the jury should have awarded damages in the amount of $3,762.00 for the chiropractic treatment incurred for the sprain/strain injuries sustained in the automobile accident.

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