Category Archives: Torts

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.

On May 3, 2017, the Supreme Court of Ohio will hear oral argument in the case, Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al., 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 , |

Merit Decision: No Post-Market Duty to Warn in Products Case. Linert v. Foutz

On December 29, 2016, the Supreme Court of Ohio handed down a merit decision in Linert v. Foutz, Slip Opinion No. 2016-Ohio-8445. In a 5-2 opinion written by Chief Justice O’Connor, the court held the trial judge in this … Continue reading

Posted in Merit Decisions, Ohio Supreme Court Watch, Products Liability, Torts | Tagged |

Merit Decision: R.C. 2307.60 Independently Authorizes Civil Action For Damages Caused By Criminal Acts. Jacobson v. Kaforey.

“These legislative statements are crystal clear. We need not dig further into the meaning of the statute than the language that was signed into law.”

Justice O’Neill, majority opinion.

On December 28, 2016, the Supreme Court of Ohio handed down … Continue reading

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Merit Decision: No Police Liability for Injuries to Innocent Bystander During High Speed Chase of Fleeing Felon. Argabrite v. Neer.

“Ohio courts lack the authority to confer immunity based on a different standard than the General Assembly has implemented.”

Justice French, Majority opinion.

“Today’s majority ruling will have a chilling effect on policing and will aid criminals in their fight … Continue reading

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