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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McHenry v. Gen. Acc. Ins. Co. - 6/5/1995
Per Curiam.
Upon review, we find that the instant matter must be dismissed for lack of a final applicable order pursuant to R.C. 2505.02.
The trial court's order denying appellant's motion for a protective order and...
Indiana Ins. Co. v. Carnegie Constr. - 5/31/1995
FREDERICK N. YOUNG, Judge.
Carnegie Construction Company ("Carnegie") appeals from an order entered on a counterclaim for declaratory judgment it brought against the Indiana Insurance Company ("Indiana"). Indiana initiated this...
NCR Corp. v. U.S. Mineral Products Co. - 5/31/1995
COOK, J.
We are presented with the issue of when a cause of action accrues for asbestos-removal litigation. The court of appeals essentially held that a cause of action accrues when the property owner knows (1) that asbestos is...
Schlachet v. Cleveland Clinic Found. - 5/30/1995
NAHRA, Judge.
In this medical malpractice action, plaintiff-appellant Alice Schlachet appeals from the trial court order which granted the motion for summary judgment filed by defendant-appellee Cleveland Clinic Foundation,...
State v. Minix - 2/24/1995
HARSHA, Presiding Judge.
This is an appeal from a decision by the Juvenile Division of the Ross County Court of Common Pleas, denying the appellant's motion to terminate his license suspension. We reverse.
On September...
Banks v. LTV Steel Co. - 2/22/1995
HARPER, Judge.
Appellant, Rita Banks, appeals from the summary judgment granted by the Cuyahoga County Court of Common Pleas in her claim for workers' compensation against appellees, LTV Steel Company (LTV), and the Industrial...
State ex rel. Haukedahl v. Bates - 2/2/1995
Per Curiam.
This matter is before the court on a petition for a writ of prohibition of petitioners, Mark and Jacqueline Haukedahl. The Haukedahls seek to enjoin respondent, Judge James D. Bates of the Lucas County Court of...
Holley v. Massie - 2/1/1995
BROGAN, Judge.
The appellants, Brenda and Carl Holley, appeal from the order of the Greene County Common Pleas Court granting summary judgment upon their claim of legal malpractice against the appellees, Marshall Massie and...
Hunter v. BPS Guard Services - 1/31/1995
BOWMAN, Judge.
On January 31, 1992, plaintiff-appellant, Shawna L. Baker, was working as a cashier at Brookshire Cardinal Supermarket, Inc., d.b.a. Ken's Cardinal Food Store ("Ken's Cardinal" or "the store"), when she was...
Bentleyville v. Pisani - 1/30/1995
PATRICIA A. BLACKMON, Judge.
The village of Bentleyville, plaintiff-appellant, appeals the decision of the trial court dismissing its complaint for telephone harassment against Carol A. Pisani, defendant-appellee. ...
Rechenbach v. Haftkowycz - 1/30/1995
NAHRA, Chief Justice.
In this medical malpractice action, defendant-appellant Erast J. Haftkowycz, M.D., appeals in App. No. 66858 from the jury verdict/in favor of plaintiffs-appellees Robin and Thomas Rechenbach on their...
Barbee v. Finerty - 1/30/1995
EVANS, Judge.
Plaintiff-appellant Adam L. Barbee appeals from summary judgment granted against him in his medical malpractice action brought against defendant-appellee William M. Finerty, Jr., D.P.M. The appellant contends that...
Wilson v. Lynch & Lynch Co. - 12/27/1994
CHRISTLEY, Judge.
This opinion will address the merits of two appeals, each of which has been taken from a separate final judgment of the Geauga County Court of Common Pleas. Prior to being heard, both appeals were placed upon...
Hanks v. Burt - 12/21/1994
BROGAN, Judge.
Appellants, TheDA and Howard Hanks, appeal from a judgment overruling their motion for relief from judgment under Civ.R. 60(B)(4) and (5) by the Montgomery County Court of Common Pleas. The appellants submit two...
Simmons v. Hertzman - 12/21/1994
Per Curiam.
Appellants Palmo and Harriet Simmon's single assignment of error contends that the trial court erred in granting the motion to dismiss filed by appellees, Dr. Bernard L. Hertzman ("Hertzman"), Dr. Asher O. Hoodin...
Karavolos v. Brown Derby - 12/19/1994
FORD, Presiding Judge.
The appellant, John Karavolos, appeals the entry of summary judgment in favor of appellee, Brown Derby, Inc., by the Trumbull County Court of Common Pleas.
On February 1, 1987, appellant, an...
Adams v. Willoughby - 12/19/1994
NADER, Judge.
This is an appeal from the judgment of the Lake County Court of Common Pleas granting the motion for judgment on the pleadings of defendant-appellee, city of Willoughby, pursuant to the immunity provisions of R.C....
Ede v. Atrium S. OB-GYN - 12/14/1994
PFEIFER, J.
Evid.R. 411 states that while evidence of insurance is not admissible upon the issue of liability, the rule "does not require the exclusion of evidence of insurance against liability when offered for another...
Siders v. Reynoldsburg School Dist. - 12/13/1994
DESHLER, Judge.
This is an appeal by plaintiffs, Lee Eric Siders and Crystal Root, from a judgment of the Franklin County Court of Common Pleas, following a jury trial in which the jury returned verdicts finding defendant,...
Sproles v. Simpson Fence Co. - 12/12/1994
WALSH, Judge.
Plaintiff-appellant, Charles Sproles, appeals a decision of the Warren County Court of Common Pleas granting a motion for summary judgment filed by defendant-appellee, Simpson Fence Company.
In August 1985,...
Campbell v. Warren Gen. Hosp. - 12/12/1994
CACIOPPO, Judge.
This action involves the care and treatment rendered to Martin Campbell ("Campbell") by Dr. John Belany during an admission to Warren General Hospital in April 1990.
Appellees filed a medical malpractice...
Davenport v. M/I Schottenstein Homes - 12/7/1994
The cause is dismissed, sua sponte, as having been improvidently allowed.
MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK and F.E. SWEENEY, JJ., concur.
PFEIFER, J., dissents and would affirm the judgment of...
Mathis v. St. Alexis Hosp. - 12/5/1994
NAHRA, Chief Justice.
In this consolidated appeal, Rodney D. Mathis, as administrator of the estate of Mary Mathis et al., plaintiffs-appellants, challenge the trial court's grant of summary judgment in a wrongful death action...
Costell v. Toledo Hosp. - 11/18/1994
HANDWORK, Judge.
The basic facts of this medical malpractice case from the Lucas County Court of Common Pleas are that appellant, Frances Costell, sued appellee, Toledo Hospital, and several other parties, alleging that Toledo...
Day v. Hissa - 11/14/1994
DYKE, Judge.
Appellant filed this action alleging medical malpractice against appellee on December 3, 1992. Attached to her complaint, appellant filed an affidavit as required by R.C. 2307.42(C)(1)(b). The affidavit explained...
Kurinsky v. Natl. Cable Television Assn. - 11/14/1994
JAMES D. SWEENEY, Presiding Judge.
Plaintiff-appellant Andrew C. Kurinsky, Jr., d.b.a. Arcade Sound, appeals the trial court's decision granting the motion for summary judgment filed by thsdefendants-appellees National Cable...
Evanoff v. Grove Manufacturing Company - 11/10/1994
This is an accelerated appeal from a final judgment of the Portage County Court of Common Pleas, in which the court granted summary judgment in favor of appellee, Grove Manufacturing Company, as to each of the two claims of appellants,...
Leach v. Dayton - 11/9/1994
WILSON, Judge.
This wrongful death case was filed by the plaintiff-appellant, Charlotte B. Leach, as executor of the estate of Carl W. Leach III, deceased, against the defendant-appellee, city of Dayton, Ohio.
The...
Dirksing v. Blue Chip Architectural Products - 11/7/1994
KOEHLER, Judge.
Plaintiff-appellant, William P. Dirksing, administrator of the estate of John L. Dirksing ("Dirksing"), deceased, appeals a decision of the Butler County Court of Common Pleas granting summary judgment in favor...
Tyler v. Kelley - 11/7/1994
JAMES M. PORTER, Judge.
Plaintiff-appellant Teresa Tyler appeals from the trial court's granting of summary judgment in favor of defendant-appellee Reserve Rent-A-Car, arising out of a dispute involving uninsured motorist...
State Auto. Mut. Ins. Co. v. Cleveland Carriage Co. - 11/7/1994
Per Curiam.
Plaintiff State Automobile Mutual Insurance Company ("State Automobile") appeals from the judgment of the trial court which determined that intervening plaintiff Margaret A. Toole, Administrator of the Estate of...
Keeton v. Telemedia Co. of S. Ohio - 11/4/1994
STEPHENSON, Judge.
This is an appeal from a judgment entered by the Common Pleas Court of Scioto County directing a verdict pursuant to Civ.R. 50 in favor of Telemedia Company of Southern Ohio, defendant below and appellee...
Kitts v. U.S. Health Corp. of S. Ohio - 9/29/1994
GREY, Judge.
This is an appeal from a judgment of the Common Pleas Court of Scioto County. After the death of her infant daughter, Molly, Teresa Kitts instituted a suit, based on medical malpractice and wrongful death. On the...
Doe v. White - 9/23/1994
BROGAN, Judge.
Appellant David White appeals the decision of the Montgomery County Court of Common Pleas finding him negligent and awarding damages to appellee Jane Doe.
Appellant White advances two assignments of error...
Sun Ins. - 9/21/1994
Per Curiam.
This appeal arises from a negligence action to recover damages caused by a house fire. Plaintiff-appellant Sun Insurance, Inc., d.b.a. Chubb Group of Insurance Companies, is the subrogee of the homeowners, and...
Miller v. Paulson - 9/20/1994
PEGGY BRYANT, Judge.
Plaintiff-appellant, Mary Kay Miller, appeals from a judgment of the Franklin County Court of Common Pleas granting the motion of defendant-appellee, George W. Paulson, M.D., for judgment notwithstanding...
United States Fid. & Guar. Co. v. Kammeyer - 9/16/1994
SHERCK, Judge.
This is an appeal from orders of the Ottawa County Court of Common Pleas which granted summary judgment to two insurance companies in a declaratory action. Because we find that appellee USF & G failed to...
Goldstein v. Christiansen - 9/14/1994
Per Curiam.
Appellants assert in their first, third, fourth, and fifth propositions of law that the court of appeals erred in denying their request for a writ of prohibition where the common pleas court lacked personal...
Waterman v. Elk & Elk Co. - 9/14/1994
REECE, Presiding Judge.
Plaintiff-appellant, A. Joseph Waterman, appeals the trial court's order dismissing his lawsuit in favor of defendant-appellee, Elk & Elk Co., L.P.A., for lack of subject matter jurisdiction. We...
Watkins v. Brown - 9/7/1994
FREDERICK N. YOUNG, Judge.
Cincinnati Insurance Company ("CIC") appeals from a declaratory judgment finding that the business exclusion provision of the homeowner's insurance policy Thelma Brown had with it did not apply to...
Visocky v. Farmers Ins. of Columbus - 9/1/1994
Per Curiam.
This accelerated appeal is from a declaratory judgment action by an insured against his insurer. The insured, Kenneth G. Visocky and his three children, plaintiffs-appellants, appeal the summary judgment in favor of...
State ex rel. Frigidaire - 8/31/1994
Per Curiam.
Frigidaire asserts that Dr. Reed's report does not support a permanent total disability award. We disagree and affirm the judgment of the court below.
Contrary to Frigidaire's contention, the report...
Ault v. Jasko - 8/31/1994
FRANCIS E. SWEENEY, SR., J.
This is a case of first impression for this court. We must determine whether the discovery rule applies in Ohio to toll the statute of limitations where a victim of childhood sexual abuse...
Thompson v. Wing - 8/31/1994
WRIGHT, J.
The issue in this case is whether a judgment for medical malpractice entered in favor of a plaintiff during her lifetime bars a subsequent wrongful death action brought on behalf of her beneficiaries when both...
Oiler v. Willke - 6/30/1994
HARSHA, Presiding Judge.
Mildred Oiler, administrator of the estate of Candy L. Fisher, the deceased, appeals the lower court's grant of summary judgment to defendant Thomas J. Willke, M.D., and his professional corporation in...
Hobbs v. Lopez - 6/30/1994
This is an appeal from a judgment of the Scioto County Common Pleas Court. The court dismissed Joni Hobbs's medical malpractice and invasion of privacy complaint against Drs. Lopez and Pettit. We affirm in part and reverse in...
Perkins v. Lavin - 6/29/1994
DICKINSON, Judge.
Plaintiff Bonita Perkins has appealed from an order of the Summit County Court of Common Pleas that granted defendant Akron City Hospital's motion for summary judgment and dismissed her complaint against it....
Ramsey v. Neiman - 6/29/1994
WRIGHT, J.
The question presented is whether a wrongful death action may be brought under R.C. Chapter 2125 by a person who has not been appointed by a court to be the decedent's personal representative. We answer the...
McConville v. Jackson Comfort Sys. - 6/22/1994
COOK, Judge.
In this personal injury action, Thomas McConville appeals the trial court's granting summary judgment to General Electric Company ("GE"), Jackson Comfort Systems, Inc. ("Jackson Comfort"), and Stamm Contracting...
Treese v. Delaware - 6/21/1994
WHITESIDE, Presiding Judge.
Defendant/third-party plaintiff-appellant, city of Delaware, appeals from a judgment of the Ohio Court of Claims and raises the following three assignments of error:
"1. The Court of Claims...
Bell v. Mt Sinai Med. Ctr. - 6/13/1994
HARPER, Presiding Judge.
Plaintiff-appellant, James A. Bell, Administrator of the Estate of Vivian Bell, instituted this wrongful death action in the Court of Common Pleas of Cuyahoga County on March 31, 1989. Mt. Sinai Medical...
Dixon v. Gen. Motors Corp. - 6/13/1994
Per Curiam.
Plaintiff-appellant, Victoria Dixon, administrator of the estate of Franklin Dixon, appeals from the judgment of the Common Pleas Court of DefiancsCounty granting summary judgment in favor of the defendant-appellee,...
Kerns v. Schmidt - 6/9/1994
BOWMAN, Judge.
In August 1991, appellant, Phillip Kerns, initiated this action against appellees, Grant Schmidt, M.D., and against his former wife, Sharon Kerns Baker ("Baker"), alleging that the two had committed fraud by...
Butler v. Pasley - 6/3/1994
FARMER, Judge.
On October 4, 1991, appellee, Dr. Larry N. Pasley, performed a laparoscopic cholecystectomy on appellant, Peggy Elizabeth Butler. On October 8, 1991, appellant was readmitted with complaints of increasing...
Sorrell v. Thevenir - 6/1/1994
A. WILLIAM SWEENEY, J.
In the cases before us, R.C. 2317.45 is assailed as being unconstitutional on the grounds that it violates the following provisions of the Ohio Constitution: Section 16, Article I (due process,...
Williams v. Grange Mut. Cas. Co. - 5/31/1994
PEGGY BRYANT, Judge.
Plaintiffs-appellants, Michael J. Williams, Jr., Michael J. Williams, Sr., and Theresa L. Williams ("plaintiffs"), appeal from a judgment of the Franklin County Court of Common Pleas granting the summary...
Canal Ins. Co. v. Brogan - 3/24/1994
BOWMAN, Judge.
In November 1990, James G. Brogan, an independent trucker, entered into a lease agreement with Tri-State Expedited Services, Inc. ("Tri-State"), a trucking company which engages independent contractors to provide...
Tabar v. Charlie's Towing Serv. - 3/24/1994
KRUPANSKY, Judge.
Plaintiff-appellant Loretta M. Tabar timely appeals from a December 11, 1992 journal entry and opinion finding in favor of defendant-appellee Fabrizi Trucking and Paving Co., Inc ("Fabrizi, Inc.") with respect...
Steele v. Buxton - 3/23/1994
SHAW, Presiding Judge.
Plaintiff-appellant, William E. Steele, appeals from the judgment of the Common Pleas Court of Crawford County granting summary judgment in favor of defendant-appellee, John A. Buxton, M.D.
The...
Clark v. Southview Hosp. & Family Health Ctr. - 3/16/1994
ALICE ROBIE RESNICK, J.
We must determine whether the trial court should have directed a verdict in favor of Southview on the issue of agency by estoppel.
Civ.R. 50(A)(4) provides that:
"When a motion for a...
Arnold v. Am. Natl. Red Cross - 3/14/1994
DONALD C. NUGENT, Judge.
This is an appeal from the decision of the Cuyahoga County Court of Common Pleas compelling the defendant-appellant, American National Red Cross, to supply the plaintiff-appellee, Steven Arnold, the...
Cincinnati Ins. Co. v. Am. Line Bldrs. Apprenticeship Training Program - 3/2/1994
GRADY, Presiding Judge.
This is an appeal from a summary judgment in an action for a declaratory judgment brought by an insurer to construe an exclusionary provision in a policy of liability insurance. The trial court held that...
Sun Refining & Marketing Co. v. Crosby Valve & Gage Co. - 3/2/1994
PFEIFER, J.
Our response to the district court's certified question is as follows: When a sophisticated commercial buyer sues for property damage caused by an allegedly defective product, claims relating to property...
Pizzino v. Lightning Rod Mut. Ins. Co. - 2/22/1994
Per Curiam.
Plaintiff-appellant Cindy Pizzino appeals the trial court's order granting the motion for summary judgment filed by the defendant-appellant Lightning Rod Mutual Insurance Company ("Lightning Rod"). The appellant...
State v. Kelly - 2/22/1994
FARMER, Judge.
Appellant, Danny Kelly, and Michelle Kelly are the natural parents of Angel (age four) and Amy (age six). In February 1991, Ms. Kelly took the children and left home. Thereafter, the girls began to behave...
Uschold v. Community Blood Ctr. - 2/18/1994
Per Curiam.
This matter is before us on an appeal by Community Blood Center ("CBC") from an order of the trial court that required CBC to identify the donor of blood that contained human immunodeficiency virus ("HIV") and that...
Auto-Owners Ins. Co. v. Brubaker - 2/18/1994
Per Curiam.
This is an appeal from an order of the Lucas County Court of Common Pleas which granted summary judgment to an insurance company in a declaratory judgment action. The court held that the insurance company had no...
McFarland v. Bruno Mach. Corp. - 2/16/1994
DOUGLAS, J.
The primary issue in this case is whether the proscriptions of Evid.R. 407 apply to an action which alleges that a product is defective in design or formulation. More specifically, we are asked to determine...
Moore v. Univ. of Cincinnati Hosp. - 2/15/1994
TYACK, Judge.
On June 1, 1989, Jamie Moore went to the emergency room of the University of Cincinnati Hospital ("University Hospital") and was diagnosed as having an exacerbation of his asthma. Moore was twenty-five years old...
Hyde v. Reynoldsville Casket Co. - 2/9/1994
PFEIFER, J.
This court is asked to determine whether the United States Supreme Court decision in Bendix Autolite Corp. v. Midwesco Enterprises, Inc. (1988), 486 U.S. 888, 108 S.Ct. 2218, 100 L.Ed.2d 896, holding the Ohio...
Hillman v. Hastings Mut. Ins. Co. - 2/9/1994
The judgment of the court of appeals is affirmed on authority of paragraph three of the syllabus in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809.
A.W. SWEENEY, DOUGLAS, RESNICK, F.E. SWEENEY...
Hiatt v. S. Health Facilities - 2/9/1994
FRANCIS E. SWEENEY, SR., J.
The issue certified to this court is essentially whether R.C. 2307.42 is invalid and of no force and effect by virtue of Section 5(B), Article IV of the Ohio Constitution, for being in direct...
Young v. Napoleon Bd. of Edn. - 2/4/1994
SHAW, Presiding Judge.
Plaintiff-appellant, Jeremy D. Young, appeals the judgment of dismissal entered in the Henry County Court of Common Pleas in this personal injury action brought by plaintiff against defendant-appellee,...
Northeast Ohio Emergency Affiliates v. Ohio State Med. Bd. - 2/3/1994
PETREE, Judge.
Appellant, the State Medical Board of Ohio, appeals from a judgment of the Franklin County Common Pleas Court, which reversed the board's determination that the physician's assistant utilization request...
Savoie v. Grange Mut. Ins. Co. - 2/2/1994
The judgment in this cause was announced on October 1, 1993 in 67 Ohio St.3d 500, 620 N.E.2d 809. A motion for rehearing was filed by Motorists Mutual Insurance Company on November 17, 1993. The motion for rehearing is denied.
...
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