Ohio Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Ohio or Court of Appeals of Ohio where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Alley v. Wendy's Internatl. - 12/20/1995
SHANNON, Judge.
This is an appeal from an order granting the motion of the defendant-appellee, Wendy's International, Inc., for a directed verdict at the close of the case-in-chief of the plaintiffs-appellants, Richard J. Alley...
Nicholson v. Turner/Cargile - 12/19/1995
PEGGY BRYANT, Judge.
Plaintiffs-appellants, Beth L. Nicholson, Walter W. Darst, Jr. and Sherri D. Starr, appeal from a judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of...
Sharp v. Mr. C's Charter Service Co. - 12/14/1995
JUDGMENT MODIFIED, AND AS MODIFIED, AFFIRMED.
In this personal injury action, defendant-appellant the Cleveland Board of Education (the "Board") appeals from the jury verdicts for plaintiffs-appellees Forrester and Christina...
Braun v. Pikus - 12/14/1995
JUDGMENT: AFFIRMED.
Appellants Joseph T. Pikus and Journeymen Plumbers Union appeal the grant of summary judgment in favor of Kevin Braun declaring they owe Kevin Braun interest on a $5,500.75 judgment he earlier appealed to...
Cherovsky v. St. Luke's Hospital of Cleveland - 12/14/1995
Plaintiff-appellant Jean Cherovsky appeals from a jury verdict and judgment in favor of defendants-appellees Pathology Laboratory Consultants, Inc., its employees, Thomas C. Laipply, M.D. and Lynn Schoenfield, M.D., and St. Luke's...
Barton v. Consolidated Rail Corporation - 11/30/1995
Sherwood and Marsha Barton, plaintiffs-appellants, appeal from the judgment of the Cuyahoga County Court of Common Pleas, Case No. CV-244673, which granted the motion for summary judgment filed by Consolidated Rail Corporation...
Kansa General International Ins. Co. v. Weston - 11/22/1995
JUDGMENT: AFFIRMED.
Kansa General International Insurance Company Ltd. appeals from a jury verdict for Weston, Hurd, Fallon, Paisley & Howley. Kansa raises five assignments of error:
1. THE TRIAL COURT ERRED IN...
Boso v. Erie Ins. Co./Erie Ins. Exchange - 11/21/1995
HOLMES, Judge.
Plaintiffs-appellants, Sally J. Boso and Terry L. Perigo, appeal from a judgment of the Franklin County Court of Common Pleas granting the summary judgment motion of defendants-appellees, Erie Insurance...
Cole v. Broomsticks - 11/15/1995
PAINTER, Judge.
On May 26, 1990, eighteen-year-old plaintiff-appellant John Cole and a friend entered the convenience store owned by defendant-appellee Broomsticks, Inc. ("Broomsticks") and purchased three cases of beer....
Elford v. Anchor Motor Freight - 11/13/1995
JOSEPH E. MAHONEY, Judge.
This is an accelerated calendar case submitted to this court on the parties' briefs.
On March 21, 1991, Cary Elford, a truck driver employed by appellee, Anchor Motor Freight, Inc. ("Anchor...
Canterbury v. Wing - 11/9/1995
Carrie Canterbury, plaintiff-appellant, appeals from the judgment of the Cuyahoga County Court of Common Pleas awarding judgment in her favor in the amount of $10,000. Plaintiff-appellant assigns one error for this court's review. ...
Morgan Adhesives Co. v. Sonicor Instrument Corp. - 11/8/1995
REECE, Presiding Judge.
Defendant-appellant, Sonicor Instrument Corporation ("Sonicor"), appeals the Summit County Court of Common Pleas' order denying its motion to vacate judgment, or in the alternative, motion for relief...
Apesos v. Kemper Mechanical Serv. - 11/8/1995
WILSON, Judge.
On May 12, 1991, the plaintiffs-appellants and cross-appellees, James Apesos and Elizabeth Apesos, made an offer to purchase a large older residential property owned by the defendants-appellees and...
Welch Sand & Gravel - 11/1/1995
MARIANNA BROWN BETTMAN, Judge.
In December 1986, the owners of plaintiff-appellant Welch Sand & Gravel, Inc. ("Welch") attended an auction to purchase a used Trojan 5500 front-end loader, manufactured by defendant-appellee...
Truax v. EM Industries - 11/1/1995
SHANNON, Judge.
Plaintiff-appellant, Dorothy Truax, was employed by EM Science, a division of defendant-appellee, EM Industries, Inc. On July 6, 1993, she filed an application for workers' compensation benefits for an injury...
Morton Internatl. - 9/29/1995
HILDEBRANDT, Judge.
Defendant-appellant and cross-appellee, Aetna Casualty & Surety Company ("Aetna"), appeals from the July 23, 1993 judgment of the Hamilton County Court of Common Pleas which ruled that the law of...
David v. Nationwide Mut. Ins. Co. - 9/29/1995
PAINTER, Judge.
Daoud Investments, Inc. ("DII"), an Ohio corporation, was a partner in an Ohio partnership that owned and operated a Gold Star Chili restaurant at the Beechmont Mall in 1991. Between March 25, 1991, and...
Mark v. Mellott Mfg. Co. - 9/28/1995
PETER B. ABELE, Presiding Judge.
This is an appeal from a judgment entered by the Ross County Common Pleas Court following a jury trial in a product liability action brought by Tommy L. Mark, plaintiff below and appellant...
Feichtner v. Ohio Dept. of Transp. - 9/28/1995
PETREE, Judge.
Plaintiff, Roland C. Feichtner, administrator of the estate of Debra Marie Feichtner, appeals from a decision of the Court of Claims of Ohio rendering judgment in favor of defendant, Ohio Department of...
Hudson v. Arias - 9/28/1995
Plaintiffs-appellants, Kathleen Hudson and her husband Robert, appeal a verdict granted in favor of Defendant-appellee, Jose Arias, M.D., a board certified obstetrician-gynecologist, in their medical malpractice action which asserted...
Cinti. Bar Assn. v. Schwartz - 9/27/1995
Per Curiam.
In his objections to the board's report, respondent claims that he did not commit the cited misconduct because he notified his client that he was accepting a legal fee from her insurance company, the...
Sprosty v. Pearlview - 9/21/1995
JUDGMENT: AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
Defendant, The Corinthian, Inc., appeals the award of punitive damages and attorney fees. Corinthian raises four assignments of error:
I. THE TRIAL COURT ERRED IN...
Scott v. Borelli - 9/21/1995
PETREE, Judge.
Plaintiff, Joyce Lee Scott, appeals from a judgment of the Franklin County Court of Common Pleas in favor of defendant, Dr. George Borelli. Plaintiff sets forth the following four assignments of error:
"I....
Weber v. Condren - 9/21/1995
Lola Weber, individually and as administratrix of the estate of Robert K. Peterson, Jr. ("the decedent"), filed a wrongful death action pursuant to R.C. 2125.02 in the Court of Common Pleas of Cuyahoga County on May 28, 1993. She...
Wood v. McQueen - 9/21/1995
JUDGMENT REVERSED AND REMANDED.
Plaintiffs-appellants Jacqueline R. Wood and Scott G. Wood appeal from the trial court order granting defendant-appellee Liberty Mutual Fire Insurance Company's ("Liberty Mutual's") motion for...
Whittaker v. Black - 9/21/1995
JUDGMENT Affirmed.
Plaintiffs-appellants, Terrence and Julia Whittaker, appeal from a jury verdict rendered in favor of defendant-appellee, Joanne Black, in the Court of Common Pleas of Cuyahoga County. Appellants submit that...
Reitz v. Howlett - 9/20/1995
REECE, Presiding Judge.
Appellant, William Reitz, appeals from the judgment of the trial court rendered in favor of appellees, Ted Chuparkoff, d.b.a. the Belmont Grille, and James Dean, Jr., d.b.a. Jimmy Dean's. We affirm. ...
Woods v. Farmers Ins. of Columbus - 9/19/1995
LAZARUS, Judge.
This case presents the issue of whether prejudgment interest pursuant to R.C. 1343.03(C) is available upon a judgment entered on an arbitration award pursuant to R.C. 2711.09. We hold that it is.
On...
Fosnight v. Esquivel - 9/18/1995
HADLEY, Judge.
Plaintiff-appellant, Lonnie J. Fosnight, appeals from the judgment entry of the Seneca County Court of Common Pleas granting the motion to enforce settlement of defendant-appellee, Margaret Esquivel,...
Hammond v. Brown - 9/14/1995
JUDGMENT AFFIRMED
At issue in this domestic relations appeal is the trial court's division of marital assets accumulated during the marriage of plaintiff-wife Vera Hammond and defendant-husband Mark Brown. The wife maintains...
Horton v. Harwick Chem. Corp. - 9/13/1995
PFEIFER, J.
We are asked in this case to set forth the appropriate summary judgment standard for causation in asbestos cases, and specifically, whether Ohiscourts should adopt the Lohrmann test. While this court is aware...
Office of Disciplinary Counsel v. Fowerbaugh - 9/13/1995
MOYER, C.J.
This disciplinary case presents the court with an opportunity to provide guidance to certified grievance committees and the Board of Commissioners on Grievances and Discipline in all cases where an attorney...
McKeegan v. Sears - 9/7/1995
JUDGMENT AFFIRMED.
This is an appeal from a motion for a directed verdict entered by the Cuyahoga County Court of Common Pleas with regard to a product liability claim brought by plaintiff-appellant, Thomas McKeegan...
Queen City Terminals - 9/6/1995
PFEIFER, J.
I
In its second proposition of law, appellant, Trinity, argues that the economic damages sustained by BP and QCT are not recoverable because the economic damages did not arise out of any personal injury...
Lewis v. Cleveland Clinic Foundation - 8/31/1995
JUDGMENT AFFIRMED
Claimant-appellant Marcia Lewis worked as an electrocardiogram technician (EKG tech) for employer-appellee Cleveland Clinic Foundation. On September 13, 1989, she saw her physician to complain of neck pain....
Cincinnati Insurance Co. v. Mr. Coffee - 8/31/1995
JUDGMENT REVERSED AND REMANDED
On December 12, 1990, a fire caused serious damage to a building owned by plaintiffs James and Martha Bertsch. The building contained a small business operated by plaintiff Just My Style Boutique...
Kirschnick v. Estate of Jilovec - 8/31/1995
JUDGMENT AFFIRMED
The Estate of Helen T. Jilovec ("appellant") appeals the jury's verdict awarding Ann Kirschnick, et al. for her personal injury.
On January 28, 1992, Ann was asked by her mother-in-law, Pauline...
Onderdonk v. Lakeland Emergency Assoc. - 8/31/1995
Plaintiff-appellant, Kathleen Onderdonk, (hereinafter "plaintiff") appeals from the trial court's granting of summary judgment for defendant-appellee, Lakeland Emergency Associates, Inc. (hereinafter "defendant").
Plaintiff...
Iglodi v. Montz - 8/31/1995
This appeal is before the Court on the accelerated docket pursuant to App. R. 11.1 and Loc. App. R. 25.
Plaintiff-appellant Lora Iglodi appeals from summary judgment granted by the trial court on plaintiff's medical malpractice...
Adamsky v. Buckeye Local School Dist. - 8/30/1995
FRANCIS E. SWEENEY, SR., J.
The sole issue before this court is whether R.C. 2744.04(A) is unconstitutional as applied to minors. For the following reasons, we hold that it is and, accordingly, reverse the judgment of...
Haytong v. Makary - 8/30/1995
REECE, Presiding Judge.
Farmers Insurance ("Farmers") appeals from the trial court's declaratory judgment finding that Farmers is contractually obligated to indemnify and defend James Makary in a wrongful death suit brought by...
Motorists Mut. Ins. Co. v. Huron Rd. Hosp. - 8/30/1995
PFEIFER, J.
The two issues in this case are: (1) whether a common-law right of indemnity or a statutory right of contribution controls the relationship between a tortfeasor and a medical provider, when the medical...
Rich v. Erie Cty. Dept of Human Resources - 8/25/1995
GREY, Judge.
This is an appeal from the Erie County Court of Common Pleas. Michael Wasserman, age three, was the victim of child abuse. His mother was Peggy Wasserman, and the suspected abuser was Craig Popke, her live-in...
Gaston v. Toledo - 8/25/1995
Per Curiam.
This case is an appeal from a judgment of the Lucas County Court of Common Pleas. Appellant, Violet Gaston, is appealing the trial court's grant of a directed verdict in favor of appellees, the city of Toledo;...
Buchman v. Wayne Trace Local School Dist. Bd. of Edn. - 8/23/1995
ALICE ROBIE RESNICK, J.
Except for a single proposition of law raised by the cross-appeal concerning the use of a party-opponent's videotaped deposition, these appeals relate solely to the validity, construction, and...
Kemerer v. Antwerp Bd. of Edn. - 8/21/1995
HADLEY, Judge.
Plaintiff-appellant, Elaine Kemerer, individually and as executor of Gary Kemerer's estate ("appellant"), claims error from the judgment entry of the Paulding County Court of Common Pleas which granted summary...
Fain v. USAA Casualty Insurance Co. - 8/17/1995
JUDGMENT: AFFIRMED.
Plaintiffs-appellants Douglas Fain, Mary Jo Fain, Shelly Fain Magavern, and Megan Fain appeal from the entry of summary judgment for defendant-appellee USAA Casualty Insurance Company and raise one...
Young v. Ameritrust Company - 8/17/1995
PER CURIAM
JUDGMENT: AFFIRMED
Plaintiff-appellant Fred Young appeals from an order of the trial court granting summary judgment in favor of defendants- appellees Ameritrust Company ("Ameritrust") and DRM Landscaping/ Snow...
Mina v. Southwest General Hospital - 8/17/1995
JUDGMENT: AFFIRMED.
Appellants, Southwest General Hospital and the Ohio Bureau of Workers' Compensation, appeal from the common pleas court jury verdict finding appellee James Mina entitled to participate in the workers'...
Byers v. Consol. Aluminum Corp. - 8/16/1995
The judgment of the court of appeals is reversed, and the judgment of the trial court is reinstated on the authority of McAuliffe v. W. States Import Co., Inc. (1995), 72 Ohio St.3d 534, 651 N.E.2d 957.
MOYER, C.J., WRIGHT,...
Loura v. Adler - 8/9/1995
Per Curiam.
The plaintiffs-appellants, Dennis and Candy Loura ("the Louras"), bring this appeal from the judgment entered in favor of the defendants-appellees, Dr. John Adler and Mount Auburn Obstetrics and Gynecologic...
Helman v. Hartford Fire Ins. Co. - 8/9/1995
REECE,Judge.
Appellant, Earl Helman, appeals from the trial court's entry of summary judgment finding that the appellee, Hartford Fire Insurance Company ("Hartford"), was not obligated to indemnify Helman for legal fees and...
Wagner v. Allied Steel & Tractor Co. - 8/7/1995
PATRICIA ANN BLACKMON, Judge.
Robert Wagner, plaintiff-appellant, appeals the trial court's granting summary judgment in favor of Allied Steel & Tractor Company, defendant-appellee, in an employment discrimination action....
Childs v. Papotnik - 8/3/1995
JUDGMENT: Affirmed.
These consolidated appeals arise from an insurance coverage dispute following a tort judgment. Specifically, they occur in a supplemental proceeding against the insurance carrier of a homeowner. New party...
Weiss v. Thomas & Thomas Development Co. - 8/3/1995
JUDGMENT: AFFIRMED IN PART AND REVERSED IN PART.
Appellants, David E. Weiss, Executor of the Estate of Nelson E. Weiss, Esq., State Automobile Mutual Insurance Company and State Auto Property and Casualty Insurance Company,...
Hill v. B.F. Goodrich Co. - 8/2/1995
HADLEY, Judge.
This is an appeal from an October 25, 1994 judgment entry of the Common Pleas Court of Marion County finding that there is no genuine issue of material fact that appellant's claim for the additional workers'...
Sawyer v. Lebanon Citizens Natl. Bank - 7/31/1995
WALSH, Presiding Judge.
Plaintiff-appellant, Bonnie Sawyer, appeals a decision of the Warren County Court of Common Pleas, Probate Division, which granted summary judgment in favor of defendants-appellees, Lebanon Citizens...
Troha v. Troha - 6/28/1995
BROGAN, Judge.
Appellant, William A. Troha, appeals from the judgment of the Greene County Court of Common Pleas, Domestic Relations Division, requiring him to pay for his son's college education in accordance with the terms of...
Stiver v. Miami Valley Cable Council - 6/23/1995
FREDERICK N. YOUNG, Judge.
Pansy Dean Stiver appeals from a judgment awarding her $7,850.58 in her negligence action against Miami Valley Cable Council ("MVCC") and its employee Darrin Mullins. The action stemmed from an...
Degnan v. Goodwill Industries of Toledo - 6/23/1995
SHERCK, Judge.
This appeal comes to us from a summary judgment granted by the Lucas County Court of Common Pleas in favor of an employer in a handicap discrimination case. Because we conclude that genuine issues of material...
Eagle v. Mathews-Click-Bauman - 6/22/1995
REILLY, Judge.
Plaintiff-appellant, Rachelle Eagle, appeals the judgment of the Franklin County Court of Common Pleas, which entered summary judgment in favor of defendants-appellees, Murray Guard, Inc. ("Murray Guard"),...
Rivacuk v. Zelitsky - 6/22/1995
JUDGMENT AFFIRMED.
Plaintiff-appellant Fred Rivacuk (hereinafter "Rivacuk" or "appellant") appeals from a judgment of the Cuyahoga County Court of Common Pleas rendered in favor of defendants-appellee, Vladimar Zelitsky, M.D....
Love v. Nationwide Mut Ins. Co. - 6/22/1995
CLOSE, Judge.
This is an appeal from a summary judgment rendered in the Franklin County Court of Common Pleas in favor of defendants-appellees, Nationwide Mutual Insurance Company ("Nationwide") and Western Reserve Mutual...
Purpera v. Asamoto - 6/22/1995
PER CURIAM
JUDGMENT: Affirmed.
Plaintiff-appellant Josephine Purpera, appeals a summary judgment granted in favor of defendant-appellee, Joyce Asamoto (hereinafter, Asamoto) and third party defendants-appellees, Maria L....
Calvey v. Fairview General Hospital - 6/22/1995
JUDGMENT: Affirmed.
Appellant filed suit against Dr. Raymond Horwood, Dr. Mary Walborn, Dr. Guirguis and Fairview General Hospital, alleging wrongful death and medical malpractice in the death of 86 year old Pauline Matyi. Dr....
Hackathorn v. Preisse - 6/21/1995
SLABY, Judge.
Wanda J. Hackathorn appeals from summary judgment granted in favor of Gene Lee Preisse, Jr. on her wrongful death action. We affirm.
In separate actions, Hackathorn sued Preisse and the Springfield Local...
In re Guardianship of Prince - 6/19/1995
PATRICIA A. BLACKMON, Judge.
Shirley Prince, plaintiff-appellant, appeals the probate court's denial of her application for authority to expend funds. Shirley Prince, as guardian for her minor child, Shanita Prince, sought...
Estate of Sherman v. Millhon - 6/15/1995
PETREE, Judge.
This is a timely appeal by plaintiff, Jean E. Sherman, widow of Zane F. Sherman and executor of his estate, from a judgment of the Franklin County Court of Common Pleas, granting the motion for judgment on the...
Karlak v. Apollo Hair Centers - 6/15/1995
PER CURIAM
JUDGMENT REVERSED AND REMANDED.
Appellant Brian Karlack appeals the trial court's denial of his motion for relief from a judgment entered by the trial court which dismissed his case with prejudice because his...
Cascone v. Alpha Transportation Systems - 6/15/1995
JUDGMENT: AFFIRMED.
Plaintiffs-appellants, Anthony Cascone, et al., appeals the judgment of the Cuyahoga County Common Pleas Court in favor of new party defendants-appellees, Cincinnati Insurance Company, et al. Appellants'...
Merkly v. Schneider - 6/8/1995
This cause came on to be heard upon the accelerated calendar pursuant to App. R. 11.1 and Loc. R. 25, the record from the court of common pleas and the briefs. In 1978, plaintiff Victoria Merkly and defendant-attorney James Schneider...
Hudson v. Mt. Sinai Medical Center - 6/8/1995
JUDGMENT Affirmed.
This appeal was filed and briefed as an accelerated case pursuant to App.R. 11.1 and Loc.App.R. 25. Plaintiff-appellant, Tosha Hudson, appeals from the dismissal of her medical malpractice complaint by the...
In re Guardianship of Prince - 6/8/1995
JUDGMENT: Reversed and Remanded.
Shirley Prince, plaintiff-appellant, appeals a decision from the probate court's denial of her application for authority to expend funds. Shirley Prince, as guardian for her minor child, Shanita...
Fulwiler v. Schneider - 6/7/1995
Per Curiam.
On the evening of November 26-27, 1991, plaintiff-appellee and cross-appellant, Jay Fulwiler, and a friend, Mike Menke, went to Caddy's nightclub, arriving at approximately 9:00 p.m. They took a cab because they...
Cerney v. Norfolk & W.Ry. Co. - 6/5/1995
SPELLACY, Presiding Judge.
In case No. 67010, Roosevelt Cerney appeals the dismissal with prejudice of his complaint brought under the Federal Employers' Liability Act ("FELA"). Cerney sought recovery for injuries received due...
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