Torts

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On December 29, 2016, the Supreme Court of Ohio handed down a merit decision in Linert v. Foutz,  2016-Ohio-8445. In a 5-2 opinion written by Chief Justice O’Connor, the court held the trial judge in this case properly refused to give a post-market failure to warn jury instruction, as the evidence did not warrant…

Update: On October 25, 2018, the plaintiff, Jessica Jacobson, dismissed her complaint without prejudice. 

“These legislative statements are crystal clear. We need not dig further into the meaning of the statute than the language that was signed into law.”

Justice O’Neill, majority opinion.

On December 28, 2016, the Supreme Court of Ohio handed down a…

“Ohio courts lack the authority to confer immunity based on a different standard than the General Assembly has implemented.”

Justice French, Majority opinion.

“Today’s majority ruling will have a chilling effect on policing and will aid criminals in their fight to avoid apprehension.”

Justice Kennedy, Separate Concurrence

“Unless pursuit is necessary for the immediate protection…

“It’s déjà vu all over again.” Yogi Berra.

On December 14, 2016, the Supreme Court of Ohio handed down a merit decision in Simpkins v. Grace Brethren Church 2016-Ohio-8118.  At issue in the case was an as-applied constitutional challenge to the caps on noneconomic tort damages set out in R.C. 2315.18(B). In another fractured…

On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Ratonel v. Roetzel & Andress, L.P.A, 2016-Ohio-8013. In a 6-1 decision written by Justice Pfeifer, in which Tenth District Court of Appeals Judge Betsy Luper Schuster, sitting for Chief Justice O’Connor, dissented without opinion, the court held that summary…

“Public policy…encourages all citizens to report crime and to come forward to aid law-enforcement officers during the investigation of those crimes. The tort of negligent misidentification would have a chilling effect on that public policy.”

Justice Sharon Kennedy.

On November 3, 2016, the Supreme Court of Ohio handed down a merit decision in Foley v.

Update: On July 5, 2017, the Supreme Court of Ohio again accepted an appeal of this case, and again remanded it back to the Ninth District.  Read more about that here.

There just must be something about this case. It was pending in the Supreme Court of Ohio for over a year before it was…

“Therefore, this court and the United States Supreme Court agree that statutes of repose are to be read as enacted and not with an intent to circumvent legislatively imposed time limits.”

Chief Justice Maureen O’Connor

“This case moves us one step closer to the time when the common law will be completely obliterated in Ohio.”…

On August 30, 2016, the Supreme Court of Ohio handed down a merit decision in Carter v. Reese, 2016-Ohio-5569. In a 4-3 opinion written by Justice O’Donnell, joined by Justices Kennedy, French, and O’Neill, the court held that Ohio’s Good Samaritan statute, codified at R.C. 2305.23, applies to any person who administers emergency care…

On August 30, 2016, the Supreme Court of Ohio handed down a merit decision in Carter v. Reese, 2016-Ohio-5569. In a 4-3 opinion written by Justice O’Donnell, joined by Justices Kennedy, French, and O’Neill, the court held that Ohio’s Good Samaritan statute, codified at R.C. 2305.23, applies to any person who administers emergency care…