Category Archives: Torts

What Happened on Remand: End of the Road for the Cromer Family in Akron Medical Malpractice Case. Cromer v. Children’s Hosp. Med. Ctr. of Akron.

Case Background

Seth Cromer died at the age of five while a patient at the Children’s Hospital Medical Center of Akron. Seth’s parents brought him to the emergency room of the hospital on the evening of January 13, 2007 with … Continue reading

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

Oral Argument Preview: Court Tackles Substantial Factor Causation in Asbestos Exposure Case. Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al.

On October 17, 2017, the Supreme Court of Ohio will hear oral argument in the case Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al. 2016-1372. At issue … Continue reading

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

What’s On Their Minds: When Should the Statute of Limitations on Insurance Agent Negligence Claims Begin to Run? LGR Realty, Inc. v. Frank and London Insurance Agency.

“My problem is, I’m still trying to figure out what damage did LGR have before their insurance company refused to defend them?”

Justice O’Neill

On September 12, 2017, the Supreme Court of Ohio heard oral argument in the case of … Continue reading

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

Merit Decision: Apology Statute Meant to Keep Out Admissions of Fault…Assuming There is an Apology. Stewart v. Vivian

On  September 12, 2017, the Supreme Court of Ohio handed down a merit decision in Stewart v. Vivian, Slip Opinion No. 2017-Ohio-7526. The court was asked to answer the following certified question:

“[Are] a health care provider’s statements of … Continue reading

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

Merit Decision: Auto Accident Victim Cannot Recover from Strip Club for Injuries Caused by Intoxicated Dancer. Johnson v. Montgomery.

“Nothing in our precedents dictates that the word “person” be limited to patrons.”

Justice DeWine, majority opinion

“I am unable to join a majority decision that absolves from liability a liquor-permit holder who encourages the dancers in its club to … Continue reading

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

Oral Argument Preview: When Should the Statute of Limitations on Insurance Agent Negligence Claims Begin to Run? LGR Realty, Inc. v. Frank and London Insurance Agency.

Read the analysis of the oral argument here.

On September 12, 2017, the Supreme Court of Ohio will hear oral argument in the case of  LGR Realty, Inc., v. Frank and London Insurance Agency,  2016-1307. At issue in … Continue reading

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

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.,2017-Ohio-2896 as improvidently accepted. The issue in the case was whether an employee needs to be joined in … Continue reading

Posted in Ohio Supreme Court Watch, Torts | Tagged |

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 , |