Not a good week for plaintiffs around the state, losing two appeals after jury trials in medical malpractice cases. In one, the Ohio Supreme Court virtually assured the outcome in light of their specific holding that any error with a remote-cause jury instruction was not reversible error as a matter of law. In the second decision, […]
The Sixth Circuit recently released a decision reversing the trial court's grant of summary judgment in favor of an insurance company, which declared that the criminal acts exclusion in the homeowner insurance policy precluded coverage for injuries sustained in a fireworks accident on the insured property. In Auto Club Property v. B.T, young children under […]
Service of process can be tricky when the whereabouts of the defendant are unknown. In Ohio, service by publication is limited to a few types of causes of action. Without looking at statistics, the most oft-used service workaround is probably service on the Ohio Secretary of State for car accidents. Most of these laws are […]
In Orren v. BWF Corporation, the Twelfth District recently affirmed a four million dollar judgment against a heavy-road highway contractor in a wrongful death action. The decedent was killed in an automobile accident in a construction zone on I-75. The state awarded the contractor with a contract to widen a nine-mile stretch of the interstate. In execution of the […]
Just one new case of note this week, coming from the First District. In Roy v. Durrani, 2015-Ohio-11, the court provided an important reminder when settling claims against one of several related defendants: made sure to only release the defendant actually paying money unless the relationship is based upon agency principles. The plaintiff, a minor, […]