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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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Akron v. Meissner - 12/22/1993
BAIRD, Judge. This cause comes before the court upon the appeal of Sonya Meissner from a decision in the Municipal Court of Akron finding her guilty of failing to control her dog, in violation of Akron City Code ("A.C.C.")...

In re N. Ohio Tireworkers - 12/15/1993
DICKINSON, Judge. Defendant Owens-Corning Fiberglas Corporation has appealed from an order of the Summit County Court of Common Pleas that revoked the pro hac vice status of its lawyer, David D. Schlachter. Owens-Corning has...

Prudential Property & Cas. Ins. Co. v. LaMarr - 12/15/1993
COOK, Presiding Judge. This appeal concerns a declaratory judgment action in which the trial court was requested to construe a homeowners insurance policy. Prudential Property & Casualty Insurance Company ("Prudential")...

In re Miamisburg Train Derailment Litigation - 12/8/1993
FAIN, Judge. Defendant-appellant CSX Transportation, Inc., CSX Corporation and its underwriters appeal from a judgment of the trial court authorizing disbursal of a settlement fund of approximately $10.5 million on a pro-rata...

Fiorini v. Whiston - 12/8/1993
DOAN, Judge. On July 29, 1988, plaintiff-appellee and cross-appellant Frank Fiorini was injured when a pickup truck driven by defendant-appellant and cross-appellee Lacey Whiston came in contact with the motorcycle Fiorini was...

Fiorella v. Ashland Oil - 12/8/1993
QUILLIN, Judge. Appellant, William J. Fiorella, as executor of Joseph Fiorella's estate, filed a wrongful death action against appellees, Shell Oil ("Shell"), Union Oil Company of California ("Unocal"), Ashland Oil, Inc....

Reynolds v. Physicians Ins. Co. of Ohio - 12/8/1993
  FRANCIS E. SWEENEY, SR., J. The sole issue is whether an implied contract of indemnity exists between two physicians, each physician having distinct and separate duties in caring for an infant patient. For the following...

In re Estate of Alexander - 12/6/1993
KRUPANSKY, Judge. The appeal sub judice is the second appeal in this probate court action. The first appeal on the merits was dismissed as being untimely filed from a probate court judgment entry ordering the distribution of a...

Fuson v. Cincinnati - 12/1/1993
HILDEBRANDT, Judge. Plaintiff-appellant Barbara Fuson appeals from the summary judgment granted by the Hamilton County Court of Common Pleas in favor of the defendantsappellees. We affirm. The record discloses that on...

Seimon v. Becton Dickinson & Co. - 11/29/1993
JAMES D. SWEENEY, Judge. Plaintiffs-appellants Gina and Gerry Seimon appeal from the trial court's order which granted the motion for summary judgment filed by defendant-appellee Becton Dickinson & Company. This product...

State Farm Mut. Ins. Co. v. Mahin - 11/24/1993
MARIANNA BROWN BETTMAN, Judge. This is an appeal from a declaratory judgment action wherein the court below was asked to determine coverage issues involving several different insurance policies. The operative facts giving...

Newton v. Ohio Univ. School of Osteopathic Medicine - 11/23/1993
TYACK, Judge. In 1988, the Ohio University School of Osteopathic Medicine, the Ohio University Osteopathic Medical Center, Inc., and William J. Seifer, D.O., entered into an arrangement under the terms of which Dr. Seifer would...

Risner v. Erie Ins. Co. - 11/12/1993
SHAW, Judge. Defendant-appellant, Erie Insurance Company ("Erie"), appeals the summary judgment granted in favor of plaintiff-appellee, Anne M. Risner, by the Court of Common Pleas of Seneca County, in this declaratory judgment...

Sampson v. Hooper Holmes - 11/10/1993
COOK, Presiding Judge. Loren Sampson ("appellant") appeals the trial court's judgment vacating its default judgment against Hooper Holmes, Inc. ("Hooper"). Appellant claims that the trial court abused its discretion in vacating...

King v. Hazra - 11/10/1993
BAIRD, Judge. This cause comes before the court upon the appeal of James W. King, administrator for the estate of Carolyn King, from an order of the Summit County Court of Common Pleas striking his complaint against Sandra V....

Rogoff v. King - 11/8/1993
DONALD C. NUGENT, Judge. This is an appeal from the decision of the Cuyahoga County Court of Common Pleas which granted the motion for summary judgment filed by defendant-appellee Steven W. King, D.D.S., on the complaint of...

Greynolds v. Kurman - 11/3/1993
EDWARD J. MAHONEY, Judge. Defendant-appellant, Andrew Kurman, M.D., appeals from a jury verdict rendered against him in favor of plaintiff-appellee, K. Jack Greynolds, in a medical malpractice action. The malpractice action...

Felden v. Ashland Chem. Co. - 11/1/1993
DAVID T. MATIA, Judge. Defendant-appellant and cross-appellee, Ashland Chemical Company, Inc. ("Ashland"), appeals from a jury verdict which was rendered on behalf of plaintiff-appellee and cross-appellant, Walter Felden, in...

Dillon v. Med. Ctr. Hosp. - 9/24/1993
PETER B. ABELE, Judge. This is an appeal from a partial summary judgment entered by the Ross County Common Pleas Court, finding that Ova L. Dillon, Jr. ("appellant") and Mary Elizabeth Dillon, appellants herein and plaintiffs...

Hartzell v. Hartzell - 9/22/1993
BROGAN, Judge. James R. and Ruth M. Hartzell were divorced in the Darke County Common Pleas Court on December 4, 1992. In the final decree the trial court awarded defendant-appellee, Ruth M. Hartzell, a "one-half interest in...

Buchert v. Newman - 9/22/1993
Per Curiam. The plaintiff-appellant, Sister Mary Jerome Buchert, appeals from the trial court's order granting partial summary judgment in favor of the defendant-appellee, James E. Newman, on her wrongful-death claim filed on...

Cecil v. Cottrill - 9/22/1993
  Per Curiam. The issue presented is whether Civ.R. 15(C), read in pari materia with Civ.R. 3(A) and 15(A), allows appellants' second amended complaint, regarding Donna's personal injury claim, to relate back to the time...

Shaffer v. Fite - 9/20/1993
WALSH, Judge. Plaintiff-appellant, Janet Shaffer ("appellant"), administrator of the estate of Tony H. Shaffer ("Shaffer"), and defendant-appellant, Kristi N. Fite, appeal a decision of the Brown County Court of Common Pleas...

Gallimore v. Children's Hosp. Med. Ctr. - 9/15/1993
  DOUGLAS, J. We have granted jurisdiction in this case on only one issue of law. The question before us is whether the parents of a minor child who is injured by a third-party tortfeasor may recover damages in a...

Leibreich v. A.J. Refrigeration - 9/15/1993
  WRIGHT, J. This case presents the issue of whether summary judgment for A,J. Refrigeration was appropriate either (1) because the truck driver's actions in leaving the vehicle running and unattended were unforeseeable,...

Hicks v. Consol. Rail Corp. - 9/13/1993
WALSH, Judge. This case involves a collision between a train and an automobile at a railroad crossing. Plaintiffs-appellants, Society National Association, guardian of the estate of Kimberly Anne Hicks, and Clyde Hicks,...

Wells v. Miami Valley Hosp. - 8/30/1993
FAIN, Judge. The plaintiffs' decedent, Renee Wells, was treated by medical professionals at Miami Valley Hospital for preeclampsia, a serious, life-threatening condition associated with late pregnancy. Her treatment included a...

Roszak v. Princess Cruises - 8/30/1993
Per Curiam. This cause came on to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 25, the records from the Cuyahoga County Court of Common Pleas, and the briefs of counsel. Plaintiffs-appellants,...

Dickerson v. Thompson - 8/26/1993
JOHN F. CORRIGAN, Presiding Judge. Defendant Ohio Insurance Guaranty Association ("OIGA") appeals from the judgment of the trial court which ordered it to pay four "covered claims" in connection with the death of Arthur...

Henry v. Consol. Stores Internatl. Corp. - 8/26/1993
DESHLER, Judge. Defendant-appellant, Consolidated Stores International Corporation ("Consolidated"), appeals from two judgments of the Franklin County Court of CommosPleas dismissing its cross-claims for indemnity and/or...

Snyder v. Turk - 8/19/1993
WILSON, Judge. The facts in this case occurred during a gall bladder removal operation at St. Elizabeth Medical Center on September 3, 1991. The operation took approximately one and one-half hours. The operating surgeon was the...

Cyrus v. Henes - 8/18/1993
REECE, Judge. On February 6, 1989, plaintiff-appellant, Edward Cyrus, was seriously injured at the He's Not Here Bar in Lorain, Ohio. On that day, the bar's owner, Mary Henes, asked Cyrus to assist her in lighting the pilot of...

Columbus Bd. of Edn. v. Armstrong World Industries - 8/17/1993
STRAUSBAUGH, Judge. On March 30, 1984, the Columbus Board of Education ("board") filed suit in the Franklin County Court of Common Pleas against twenty-eight named defendants, manufacturers of asbestos and asbestos-containing...

Isquick v. Classic Autoworks - 8/9/1993
KRUPANSKY, Judge. Plaintiff-appellant B. Scott Isquick appeals from an order of the trial court granting defendants-appellees Ronald Fuller and Classic Autoworks, Inc. a new trial. The trial court determined a new trial was...

In re Estate of Craig - 8/9/1993
WILLIAM W. YOUNG, Judge. Appellant, James J. Craig, appeals a decision of the Butler County Probate Court approving a distribution of proceeds in a wrongful death settlement attained after the death of his daughter, Heather...

Holtz v. Schutt Pattern Works Co. - 8/2/1993
HARPER, Judge. This case involves an intentional tort claim filed by plaintiff-appellant, Robert Holtz, against his former employer, defendant-appellee Schutt Pattern Works Company ("Schutt"). In his complaint, Holtz alleged...

Lewis v. Cleveland - 8/2/1993
PATTON, Presiding Judge. Plaintiff-appellant Sherry Lewis ("appellant") appeals from a summary judgment entered in favor of defendant-appellee city of Cleveland ("the city"). The allegations in appellant's complaint alleged...

Davenport v. M/I Schottenstein Homes - 7/28/1993
Per Curiam. Plaintiff-appellant Thomas A. Davenport was employed as an electrician by C & H Electric Company ("C & H"). C & H contracted with defendant-appellee M/I Schottenstein Homes, Inc. ("Schottenstein") for...

Browning v. Burt - 6/30/1993
  DOUGLAS, J. The narrow issue in these consolidated cases is whether the negligent credentialing causes of action against SEMC for granting and continuing staff privileges to Dr. Burt (and Dr. Blue in case No. 91-2079)...

Berdyck v. Shinde - 6/30/1993
  GRADY, J. This case presents two issues for determination. First, what is the duty of care owed by a nurse to a patient who is admitted under the care of an attending physician to a hospital at which the nurse is...

Blake v. John Doe 1 - 6/29/1993
DESHLER, Judge. This is an appeal by plaintiffs, Brian R. Blake and Suzanne R. Blake, from a judgment of the Franklin County Court of Common Pleas dismissing their complaint upon motion by defendants, Harmut and Margot Handke,...

Colling v. Franklin Cty. Children Serv. - 6/29/1993
PETREE, Judge. Plaintiffs, Linda S. Colling, individually and as administrator of the estate of her deceased son, Mark E. Longstreth, David M. Longstreth, Sr., and the derivative heirs and next of kin of Mark E. Longstreth,...

Jones v. H. & T. Enterprises - 6/23/1993
DICKINSON, Judge. This is an appeal by a plaintiff in a personal injury action from a decision of the Summit County Court of Common Pleas. Plaintiff, a business invitee, was injured when she fell on some pieces of gravel on a...

Zimmerman v. St. Peter's Catholic Church - 6/23/1993
FREDERICK N. YOUNG, Judge. Michael E. Zimmerman ("appellant"), in his capacity as executor of the estate of Patricia L. Zimmerman, deceased, appeals from the entry by the trial court of summary judgment in favor of St. Peter's...

Moore v. Ohio Dept. of Rehab. & Corr. - 6/15/1993
PETREE, Judge. Plaintiff, John Moore, an inmate at the Marion Correctional Institution, appeals from the Court of Claims of Ohio. Following a bench trial on his personal injury claim, the trial court found for defendant, the...

Sowers v. Middletown Hosp. - 6/14/1993
WALSH, Judge. Plaintiff-appellant, Richard Sowers ("Richard"), by and through his natural mother, 'Trudy Sowers ("Sowers"), appeals a jury verdict before the Butler County Court of Common Pleas in favor of defendants-appellees,...

Khamis v. Everson - 6/10/1993
FREDERICK N. YOUNG, Judge. Maan Khamis (appellant) appeals from a judgment of the Montgomery County Court of Common Pleas which granted a motion for a directed verdict in favor of Brad Everson (appellee), the owner of a dog...

State v. Herring - 6/10/1993
JOHN D. MARTIN, Judge. In July 1992, defendant-appellant, Reginald Herring, was indicted by the Franklin County Grand Jury on one count of nonsupport. He entered a plea of guilty to the charge and, in November 1992, received a...

Physicians Ins. Co. of Ohio v. Morehead - 6/1/1993
GWIN, Judge. On September 5, 1991, plaintiff-appellant Physicians Insurance Company of Ohio ("PICO") filed a complaint for declaratory judgment regarding its rights and duties under a contract of insurance issued to...

Radenbaugh v. Motorists Ins. Cos. - 3/24/1993
SHAW, Judge. Defendant-appellant, Motorists Insurance Companies ("Motorists"), appeals the summary judgment entered against it in the Putnam County Common Pleas Court whereby defendant was ordered to pay $200,000 to...

Steinke v. Allstate Ins. Co. - 3/22/1993
SHAW, Judge. The record reveals that on October 7, 1991, Joe and Peggy Fisher filed an amended answer and a five-count counterclaim against the plaintiff-appellant, Kenneth Steinke, in a forcible entry and detainer action....

Hubbard v. Laurelwood Hosp. - 3/16/1993
CHRISTLEY, Judge: Appellant, Ronald E. Hubbard, the administrator of Juanita Miller's estate and brother of the decedent, is appealing the granting of appellees' motion for reconsideration and summary judgment to appellees,...

Petratos v. Markakis - 3/15/1993
PATRICIA A. BLACKMON, Judge. This is an appeal from a decision by the Cuyahoga County Court of Common Pleas granting summary judgment in favor of defendant-appellee Lakewood Hospital ("appellee") against plaintiff-appellant...

Williams v. Erie Ins. Group - 3/8/1993
WILLIAM W. YOUNG, Judge. Defendant-appellant, Erie Insurance Group ("Erie Insurance"), appeals a decision of the Washington Court House Municipal Court granting summary judgment in favor of plaintiff-appellee, David Williams. ...

Flemmings v. Knisley - 3/8/1993
WILLIAM W. YOUNG, Judge. Plaintiff-appellant, Samuel Flemmings, appeals from an order of the Butler County Common Pleas Court granting summary judgment in favor of defendants-appellees, Melody Knisley and Melody's Floral...

Isbell v. Kaiser Found. Health Plan - 3/8/1993
Per Curiam. Intervenor-appellant Ohio Department of Human Services ("ODHS") appeals from a judgment of the trial court granting a directed verdict in favor of defendants-appellees Kaiser Foundation Health Plan, Kaiser...

Whiston v. Bio-Lab - 3/3/1993
REECE, Judge. Plaintiffs-appellants, Robert and Sandra Whiston, commenced this lawsuit on August 10, 1989. They allege that Robert, while working as a medical technician for the Green Township Fire Department, was exposed to...

Mason v. Komlo - 3/1/1993
NADER, Judge. This appeal has been placed upon the court's accelerated calendar and has been submitted to the court upon briefs of counsel. Appellant, Penny S. Mason, appeals from a directed verdict in her suit for...

Lape v. Rose - 3/1/1993
JONES, Presiding Judge. Plaintiff-appellant, Tiffany Lape, appeals a summary judgment granted to defendants-appellees, Wayne V. Rose and Cheri Rose, d.b.a. Lakota Drive Thru, in appellant's personal injury action. On...

Weiner - 12/28/1992
PATRICIA A. BLACKMON, Judge. Weiner, Orkin, Abbate & Suit Co., L.P.A. - plaintiff-appellant and cross-appellee - timely appeals the manner in which the Cuyahoga County Common Pleas Court disposed of a motion for attorney...

Mahathiraj v. Columbia Gas of Ohio - 12/24/1992
PEGGY BRYANT, Judge. Defendant-appellant, Columbia Gas of Ohio, Inc. ("Columbia Gas"), appeals from a judgment of the Franklin County Court of Common Pleas granting the summary judgment motion of defendant-appellee, Columbus...

Randall v. Mihm - 12/21/1992
BROGAN, Judge. Appellant, Patrick G. Mihm, Administrator, Ohio Bureau of Workers' Compensation, appeals from the judgment of the Clark County Court of Common Pleas which found that appellee, Dixie D. Randall, was entitled to...

Painter v. Graley - 12/21/1992
FRANCIS E. SWEENEY, Presiding Judge. Defendant-appellant, Charles L. Graley, timely appeals from the decision of the common pleas court which granted summary judgment in favor of plaintiff-appellee, Shirley Painter. Appellee...

Whiteaker v. Nationwide Prop. & Cas. Ins. Co. - 12/21/1992
Per Curiam. This cause came on to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 25, the records from the Cuyahoga County Court of Common Pleas, the briefs and the oral arguments of counsel....

Nationwide Ins. Co. v. Shenefield - 12/18/1992
MELVIN L. RESNICK, Judge. This case is before the court on appeal from a judgment of the Huron County Court of Common Pleas which, after a jury trial, awarded substituted third-party plaintiff, Nationwide Insurance Company...

Nott v. Homan - 12/17/1992
SHAW, Judge. Plaintiffs-appellants, Willis Clapper and Judy Nott, appeal the judgment of the Mercer County Court of Common Pleas, following a jury trial in the personal injury action brought by plaintiffs against...

In re Kinross - 12/16/1992
HILDEBRANDT, Judge. Appellant, Philip E. Pitzer, appeals from the judgment of the Probate Division of the Hamilton County Court of Common Pleas finding him in contempt of the court's order of October 15, 1991. The court imposed...

Lambert v. Shearer - 12/15/1992
PETREE, Judge. Defendant, Earnest Shearer, D.O., appeals from the Franklin County Court of Common Pleas, where a jury assessed $2.4 million in damages against him in thismedical malpractice action. Since we find that the trial...

Motorists Mut. Ins. Co. v. Andrews - 12/14/1992
  CACIOPPO, J. The question presented to this court is whether underinsured motorist coverage is available to an insured where the tortfeasor's policy limit is greater than the insured's policy limits but the claims of...

Lawyers Cooperative Publishing Co. v. Muething - 12/11/1992
  ALICE ROBIE RESNICK, J. Due to the nature of the arguments presented, LCP's second proposition of law will be discussed first. LCP's argument is, in essence, that Muething's claims do not sound in tort and should be...

Akers v. Alonzo - 12/11/1992
  SWEENEY, J. The determinative issue in this cause is whether plaintiffs' action against Dr. de Lamerens was timely filed pursuant to R.C. 2305.11 and controlling precedents. For the reasons that follow, we answer this...

Manning v. Ramos - 12/10/1992
Defendants-appellants, J. A. Ramos, M.D., Carl Schikowski, M.D. and Jamie Go, M.D., timely appeal from the judgment of the Cuyahoga County Court of Common Pleas, which journalized the jury's verdict for plaintiff-appellee, Barbara...

Painter v. Graley - 12/10/1992
Defendant-appellant, Charles L. Graley, timely appeals from the decision of the common pleas court which granted summary judgment in favor of plaintiff-appellee, Shirley Painter. Appellee filed a timely notice of cross-appeal. For...

Gedetsis v. Cement - 12/3/1992
JUDGMENT: AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. The within case arose from a personal injury action in which plaintiffs-appellees Gregory G. Gedetsis, the driver, and Alex J. Rytell, the passenger, were injured in a...

Ola v. Macfee - 11/25/1992
Cheryl and Ken Ola, plaintiffs-appellants, appeal from the trial court's order directing a verdict in favor of Michael Macfee, M.D., et al., defendants-appellees, in an action alleging medical malpractice. On November 17, 1986,...

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