12/28/2023

Case Caption Case No. Topics and Issues Author Citation
Everhart v. Coshocton Cty. Mem. Hosp. 2022-0407 and 2022-0424Statutes of repose—R.C. 2305.113—Wrongful-death claims based on medical care are “medical claims” as defined by R.C. 2305.113(E) and are therefore subject to the four-year medical-claims statute of repose set forth in R.C. 2305.113(C)—Nothing in statutory wrongful-death chapter, R.C. Chapter 2125, removes wrongful-death claims based on medical care from scope of R.C. 2305.113(C)’s statute of repose—Judgment reversed and cause remanded.Fischer, J.Slip Opinion No. 2023-Ohio-4670
McCarthy v. Lee 2022-0732Civil law—Statute of repose—R.C. 2305.113(C)(2)—When parents’ medical-negligence claim extinguished by statute of repose, R.C. 2305.113(C)(2), children’s derivative loss-of-parental-consortium claim no longer exists—Court of appeals’ judgment affirmed.Deters, J.Slip Opinion No. 2023-Ohio-4696
Wood v. Lynch 2022-0693 and 2022-0880Court of appeals’ judgment reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp. Slip Opinion No. 2023-Ohio-4698
McCarthy v. Lee 2022-0717 and 2022-0718Court of appeals’ judgment reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp. Slip Opinion No. 2023-Ohio-4699
Maxwell v. Lombardi 2022-0781 and 2022-0890Court of appeals’ judgment reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp. Slip Opinion No. 2023-Ohio-4700
Ewing v. UC Health 2022-1121 and 2022-1166Court of appeals’ judgment reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp. Slip Opinion No. 2023-Ohio-4701
Rossi v. Atrium Med. Ctr. 2023-0552Court of appeals’ judgment affirmed on the authority of Everhart v. Coshocton Cty. Mem. Hosp. and Wilson v. Durrani. Slip Opinion No. 2023-Ohio-4702
State v. Mills 2022-0779Criminal law—R.C. 2945.37(G)—Competency of the accused—A trial court’s error in failing to hold a mandatory competency hearing is harmless when the record, taken as a whole, fails to demonstrate sufficient indicia of incompetency—Court of appeals’ judgment affirmed.DeWine, J.Slip Opinion No. 2023-Ohio-4716
Davis v. Mercy St. Vincent Med. Ctr. 2022-0460 and 2022-0658Court of appeals’ judgment reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp. and cause remanded. Slip Opinion No. 2023-Ohio-4723
12/28/2023 Case Announcements  Merit decisions with opinions—Motion and procedural rulings.