Court: Supreme Court of Ohio
Opinion Date: April 14, 2021
Judge: Per Curiam
Areas of Law: Personal Injury
The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s complaint about a writ of mandamus to compel the Lucas County Prosecutor’s Office to bring felonious assault charges against Ronald Collins and Courtney Lykans for injuries that Appellant’s infant daughter sustained while she was in their care, holding that the court of appeals did not abuse its discretion. After Appellant’s daughter sustained life-threatening injuries Lykans and Collins were indicted on third-degree felony counts of child endangering. Lykans pled no contest to the charge, and Collins pled no contest to an amended fourth-degree felony charge of attempting child endangering. Plaintiff then filed a complaint about a writ of mandamus asking the court of appeals to order the prosecutor’s office to file felonious assault charges and Lykans and Collins. The court of appeals granted summary judgment in favor of the prosecutor. The Supreme Court affirmed, holding that Appellant did not establish that he had a clear legal right to the requested relief or that the prosecutor had a clear legal duty to provide it.
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