In Cromer v. Children's Hospital, 2015-Ohio-229, the Ohio Supreme Court recently clarified the duty element in medical malpractice cases, holding that in the context of an established physician-patient relationship, consideration of foreseeability is unnecessary to determining whether the patient is owed a duty of care. Further, a jury instruction on a general rule of law should […]
A panel of the Ninth Circuit U.S. Court of Appeals reversed a defense verdict in McClellan v. I-Flow Corp, a pain pump case. The case was remanded for a new trial upon the panel's conclusion that the plaintiff's negligence per se claims were not preempted by federal law. The facts were fairly straight forward. The plaintiff had surgery on her […]
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 […]
