Clark v. Clark

In Clark v. Clark (1996), 114 Ohio App.3d 558, 683 N.E.2d 800, this court reversed a trial court's decision finding that Mr. Clark had abused his nine-year-old daughter, Nicole. Clark punished Nicole by swatting her with a paddle, which left a welt and a bruise on Nicole's right buttock. Despite finding that the punishment was clearly excessive, this court found that Clark's conduct did not create a substantial risk of serious physical harm to Nicole. No photographs were taken, nor was Nicole taken to a doctor. In addition, there was no evidence that Nicole was in great pain, had trouble sitting or walking, or suffered any incapacity, disfigurement, or substantial risk of death. The Clark decision emphasized that the holding in that case was narrow and confined to the facts of the case.