Category Archives: Torts

Court Remands Medical Malpractice Case Again. Cromer v. Children’s Hosp. Med. Ctr. of Akron.

Warning! This is a wonky post.

Case Background

This is a medical malpractice case that resulted in the death of five year old Seth Cromer.

In short, after Seth had a worsening viral infection, his parents took him to the … Continue reading

Posted in Ohio Supreme Court Watch, Torts | Tagged , |

Court Dismisses Rush v. Univ. of Cincinnati Physicians, Inc. As Improvidently Accepted.

On May 22, 2017, by a vote of 5-2, the Supreme Court of Ohio dismissed Rush v. Univ. of Cincinnati Physicians, Inc. Slip Opinion No. 2017-Ohio-2896 as improvidently accepted. The issue in the case was whether an employee needs … Continue reading

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What’s On Their Minds: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.

Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

“I’m asking you for a theory, why is UC Physicians, the employer of all the doctors in … Continue reading

Posted in Civil Procedure, Ohio Supreme Court Watch, Student Contributors, Torts, What's On Their Minds? | Tagged , |

Oral Argument Preview: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.

Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

Read the analysis of the oral argument here.

On May 3, 2017, the Supreme Court of … Continue reading

Posted in Agency, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors, Torts | Tagged , |

What’s On Their Minds: Does Ohio’s Dram Shop Act Preclude All Traditional Common-Law Negligence Claims Against a Liquor Permit-Holder? Nichole Johnson v. Mary E. Montgomery et al.

“I’m a former bartender from Athens. So let me just suggest to you that if the alcohol comes off the shelf and goes into the glass, and goes into the mouth of the dancer, and the money goes into my … Continue reading

Posted in Ohio Supreme Court Watch, Student Contributors, Torts, What's On Their Minds? | Tagged , , |

What’s On Their Minds: Can a Doctor’s Admission of Fault During An Apology Be Used in Court? Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, M.D., et al.

“Where is the apology?”

Justice O’Neill

On April 6, 2017, the Supreme Court of Ohio heard oral argument in the case of Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, … Continue reading

Posted in Evidence, Ohio Supreme Court Watch, Student Contributors, Torts, What's On Their Minds? |

What Happened on Remand: Won the Battle But Lost the War? Burnham v. Cleveland Clinic.

In Burnham v. Cleveland Clinic, Slip Opinion No. 2016-Ohio-8000, in a very fragmented 6-1 decision, the Supreme Court of Ohio held that the order compelling discovery in this case was final and appealable. Read the analysis of the merit … Continue reading

Posted in Civil Procedure, Evidence, Ohio Supreme Court Watch, Torts, What Happened on Remand | Tagged , |

Oral Argument Preview: Can a Doctor’s Admission of Fault During An Apology Be Used in Court? Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, M.D., et al.

Read an analysis of the oral argument in this case here.

On April 6, 2017, the Supreme Court of Ohio will hear oral argument in the case of Dennis Stewart, Individually and as the Administrator of the Estate of … Continue reading

Posted in Evidence, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors, Torts | Tagged , |

Oral Argument Preview: Does Ohio’s Dram Shop Act Preclude All Traditional Common-Law Negligence Claims Against a Liquor Permit-Holder? Nichole Johnson v. Mary E. Montgomery et al.

Read the analysis of the argument in this case here.

On April 6, 2017, the Supreme Court of Ohio will hear oral argument in the case of Nichole Johnson v. Mary E. Montgomery et al., 2016-0790. At issue … Continue reading

Posted in Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors, Torts | Tagged , |

Oral Argument Preview: Satisfying the Clarity Element of a Wrongful Termination Claim. McGowan v. Medpace.

Update: on April 12, 2017, the Court dismissed this case as improvidently accepted.

Read the analysis of the oral argument here.

On February 8, 2017, the Supreme Court of Ohio will hear oral argument in the case of … Continue reading

Posted in Labor and Employment Law, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors, Torts | Tagged , |