Wednesday, December 9, 2015

Ohio Personal Injury and Medical Malpractice Case Law Update

Antoon v. Cleveland Clinic, 2015-Ohio-421

On 9-16-15 the Supreme Court took in this case with dissents by Pfeiffer and O'Neil. It was a Cleveland Court of Appeals decision which 3 to 0 have reversed a Trial Court dismissal in a med-mal case based on statute of limitations and had a discussion in regard to the statute of repose and it also involved a dismissal in Federal Court.

State of Ohio v. Ebraheim, No. L-14-1157

Case was an appeal from a finding of guilty by a judge in Toledo Municipal Court against Dr. Ebraheim over the accident at Dorr and Richards Road involving himself and a motorcycle. It was interesting since there was a lot of discussion in regard to proximate cause and also expert witnesses by both sides in regard to vehicle speeds, etc.

Link v. First Energy, 2014-Ohio-5432

With three dissents was taken in by the Court. It involved a case against the defendant over injuries sustained when hitting a utility pole and there was apparently a large jury verdict for the Plaintiff and questions about punitive damages. The Court of Appeals upheld the jury verdict but it was taken in by the Supreme Court over 3 dissents.

Argabrite, 2015-Ohio-125

With three dissents taken in by the Court. It involved a police pursuit and the Plaintiff was injured by the driver being pursued. The Trial Court granted MSJ for the officers and it was affirmed with one dissent in the Court of Appeals.

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