12/28/2023
Case Caption | Case No. | Topics and Issues | Author | Citation |
Everhart v. Coshocton Cty. Mem. Hosp. | 2022-0407 and 2022-0424 | Statutes 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 | 2022-0732 | Civil 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 2022-0880 | Court 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 2022-0718 | Court 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 2022-0890 | Court 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 2022-1166 | Court 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. | 2023-0552 | Court 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 | 2022-0779 | Criminal 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 2022-0658 | Court 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. |