In what may be the final blow to workplace intentional tort in Ohio, the Ohio Supreme Court, in Hoyle v. DTJ Ents., Inc., recently held that "an insurance provision that excludes coverage for acts committed with the deliberate intent to injure an employee precludes coverage for employer intentional torts, which require a finding that the employer intended to injure the […]
Last week the Eighth District issued an opinion that could have an impact on discovery requests. In Chinnock v. Renaissance Center, a plaintiff acting pro se filed a medical malpractice complaint, against two cosmetic dentistry locations and two individual dentists, claiming that the failure to cap a root canal caused his heart attack. The trial […]
One of the quickest ways to have a court grant summary judgment against the plaintiff in an asbestos exposure case, is the reliance on vague allegations of asbestos exposure with no specific evidence connecting a defendant to the exposure. Sometimes, that may be all that is available. Laurent v. New Orleans City, is one such example. The plaintiff's […]
The University of Toledo Medical Center settled a medical malpractice claim, filed by a Toledo-area women, for $225,000. The plaintiff suffered injuries to her vocal cord requiring a permanent tracheotomy, in which the surgeon inserts a tube into a small opening in the windpipe allowing air into the lungs. Generally the procedure is temporary, meant to bypass obstructions. As […]
In an asbestos product liability action , Sroka v. Union Carbide Corp., 1:13cv03281, originally filed in Maryland state court, the defendants unsuccessfully sought to remove the case to federal court. Last week, the Federal District Court Judge granted the plaintiff's motion to remand the case back to state court. The action was filed by John Sroka, now deceased, and his wife. […]
