The Eighth District recently released a decision holding that the trial court arbitrarily denied a frivolous conduct motion, filed pursuant to R.C. 2323.51, without a hearing or opinion in Brown v. Carlton Harley-Davidson, Inc., 2014-Ohio-5157. This continues a line of cases in the Eighth District requiring a trial court to conduct a hearing in denying a […]
Your damages could depend on what you wear. One of the most difficult issues during trials of negligence claims, is establishing the amount of compensation to make the plaintiff whole again. In some cases, the damages depend on explaining the physical limitations to the plaintiff's daily activities following any injury. Typically, the plaintiff parades some expert to […]
Recently, I was asked a question regarding a notice of appeal and App.R. 3(D), which describes the required contents of a notice of appeal, and whether the failure to designate the order appealed was fatal to assigning error to that judgment entry. The question was interesting in that as much as the civil rules are […]
Recently, the Tenth District decided Szwarga v. Riverside Methodist Hospital, 2014-Ohio-4943, in which the court held that the plaintiff’s 180-day letter, extending the statute of limitations in a medical malpractice action in Ohio, complied with R.C. 2305.113(B)(1) even though the letter indicated that the plaintiff was not interested in pursuing litigation and only sought a […]
In reviewing the case decision list from around the state there were two decisions worth mentioning from last week and one from the Sixth Circuit; unfortunately mostly examples of what not to do. On Friday, the Tenth District's recent decision providing some well-needed leniency in drafting 180 letters, extending the statute of limitations in medical malpractice actions, will […]
