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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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In re Pratt
| 2023-00203VI | Victims of crime. R.C. 2743.51(C)(1). Victim died not as the result of criminally injurious conduct but from an overdose from a voluntary ingestion of drugs. | Shaver | |
9/7/2023
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9/20/2023
| 2023-Ohio-3348 |
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Hamilton v. Ohio Dept. of Rehab. & Corr.
| 2022-00319JD | Negligence; Inmate; Duty of Care; Prison Officials; Constructive Notice; Notice; Impending Attack. Plaintiff alleged Defendant was negligent when Defendant placed Plaintiff in general population of prison despite plaintiff’s oral request to be placed in protective custody. Plaintiff was subsequently injured when another inmate threw scalding water at him and assaulted him. The Court concluded that Plaintiff failed to prove that Defendant had actual knowledge of an impending attack. The Court further found that Plaintiff’s oral request for protective custody did not put Defendant on constructive notice of an impending inmate attack, and that Plaintiff had failed to prove that the criminal convictions for which he was incarcerated merited automatic placement in protective custody. Thus, Defendant did not breach a duty of care to Plaintiff. Judgment rendered for Defendant. | Peterson | |
8/31/2023
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9/7/2023
| 2023-Ohio-3143 |
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Lerussi v. Calcutta Volunteer Fire Dept.
| 2023-00434PQ | On Respondent’s objections and Requester’s motion to strike, the Court overruled the objections, adopted the Special Master’s Report and Recommendation, and denied the motion to strike. The Court ordered Respondent to provide Requester with access to certain records. | Sadler | |
8/30/2023
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9/1/2023
| 2023-Ohio-3091 |
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In re Haney
| 2023-00280VI | Victims of crime, report to law enforcement, R.C. 2743.60(A). Case remanded to Attorney General for economic loss calculations because applicant showed that purpose of reporting requirement pursuant to R.C. 2743.60(A) was met. | Shaver | |
8/30/2023
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9/20/2023
| 2023-Ohio-3350 |
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Savransky v. Mahoning Cty. Prosecutor's Office
| 2023-00250PQ | Public Records; Retroactivity; R.C. 1.48; R.C. 149.43(A)(1) and (3); R.C. 149.43(B); R.C. 2930.07(C); A public office may respond to a public records request through its counsel; Records originally qualifying as R.C. 149.43(A)(3) medical records retain that status after being incorporated into a public office’s records; Records qualifying as R.C. 149.43(A)(3) medical records may be withheld in toto; The version of R.C. 149.43 in effect at the time of a records request governs the sufficiency of the public office’s response to the request; A statute has a retroactive effect for purposes of R.C. 1.48 if it is applied to events occurring before its effective date; R.C. 2930.07(C) cannot be applied to records requests predating its effective date. | Marti | |
8/17/2023
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9/1/2023
| 2023-Ohio-3089 |
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Wente v. Ohio Bur. of Motor Vehicles
| 2023-00192AD | License suspension. Fraud. Negligence. Duty of care. Burden of proof. Judgment for defendant. | Shaver | |
8/17/2023
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9/7/2023
| 2023-Ohio-3165 |
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In re Layton
| 2023-00003VI | Victims of crime, remand. Case remanded to Attorney General after evidence presented at hearing showed that further investigation was necessary. | Shaver | |
8/16/2023
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9/20/2023
| 2023-Ohio-3344 |
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In re West
| 2021-00234VI | Victims of crime, motor vehicle, R.C. 2743.51(C)(1)(a)-(e), R.C. 4549.02. Applicant failed to prove that he qualified as a victim of criminally injurious conduct pursuant to the motor vehicle exceptions contained in R.C. 2743.51(C)(1)(a)-(e). | Shaver | |
8/16/2023
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9/20/2023
| 2023-Ohio-3337 |
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McClellan v. Hamby
| 2023-00345PQ | In a Report and Recommendation, a Special Master determined that Requester's claim for production of records was moot and that Requester had not proven a claim that Respondent delayed responding to Requester's requests. After neither party timely objected to the Report and Recommendation, the Court found that there was no error of law or other defect evident on the face of the Report and Recommendation. The Court adopted the Report and Recommendation. | Sadler | |
8/15/2023
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9/1/2023
| 2023-Ohio-3090 |
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Rastaturin v. Ohio State Veterinary Med. Ctr.
| 2023-00273AD | Unauthorized charges; contracts; CSPA; R.C. 1345.04; R.C. 2743.02(A)(1). Judgment for defendant. | Shaver | |
8/11/2023
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9/14/2023
| 2023-Ohio-3262 |
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Lerussi v. Calcutta Volunteer Fire Dept.
| 2023-00434PQ | Public Records; R.C. 149.011(G); R.C. 149.431(A)(3); A public office’s checks and bank statements are records because they document the office’s decisions and activities; checks and bank statements reflecting a public office’s disbursement of private funds are records because they document the office’s decisions and activities; R.C. 149.431(A)(3) only applies if the non-profit entity received both public and private funds pursuant to its contract with the governmental entity; R.C. 149.431(A)(3) only applies if the non-profit entity expended private funds in connection with its contract with the governmental entity. | Marti | |
8/8/2023
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9/1/2023
| 2023-Ohio-3092 |
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Johnson v. Ohio Dept. of Rehab. & Corr.
| 2023-00328AD | Inmate false imprisonment. Res judicata, claim preclusion, issue preclusion. Judgment for defendant. | Shaver | |
8/8/2023
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9/7/2023
| 2023-Ohio-3167 |
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Rassi v. Ohio Dept. of Transp.
| 2023-00237AD | Automobile damage, pothole. Ownership of road. Duty to repair. Judgment for defendant. | Shaver | |
8/4/2023
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9/7/2023
| 2023-Ohio-3166 |
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Zacharias v. Ohio Atty. Gen.
| 2021-00141JD | Civ.R. 56(C); Summary Judgment; Age Discrimination. Plaintiff alleged Defendant discriminated against Plaintiff based on age in violation of the ADEA when Defendant did not hire Plaintiff for any of the six positions to which Plaintiff applied. Court found that Plaintiff failed to present evidence from which the Court could reasonably doubt Defendant’s explanations for rejecting Plaintiff in favor of other candidates and conclude that the real reason for failure to hire him was because of his age. Summary judgment rendered for Defendant. | Sadler | |
8/4/2023
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9/7/2023
| 2023-Ohio-3142 |
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Bailey v. Ohio Dept. of Dev. Disabilities
| 2022-00463JD | Civ.R. 12(C); Motion for Judgment on the Pleadings; Agency; Political Subdivision; R.C. 5126.02. Plaintiff alleged abuse by Defendant via the Cuyahoga Board of Developmental Disabilities. The Cuyahoga Board of Developmental Disabilities was formed pursuant to R.C. 5126.02 as a political subdivision. A political subdivision is not an agent of the state absent statutory language to that effect. The Court concluded that the Court of Claims does not have jurisdiction over Plaintiff’s claim because the Cuyahoga Board of Developmental Disabilities was not acting as an agent of Defendant and does not fall within any statutory exception. Accordingly, the Court granted Defendant’s motion for judgment on the pleadings, dismissed Plaintiff’s claims based upon the acts or omissions of the Cuyahoga County Board of Developmental Disabilities without prejudice for lack of subject matter jurisdiction, and dismissed Plaintiff’s remaining claims for failure to state a claim upon which relief can be granted. | Sadler | |
8/4/2023
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9/7/2023
| 2023-Ohio-3144 |
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In re Williams
| 2022-00600VI | Victims of crime. Remanded to the AG for calculation of economic loss. | Shaver | |
8/3/2023
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9/20/2023
| 2023-Ohio-3339 |
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Niekamp v. Ohio Dept. of Natural Resources
| 2022-00637AD | Property damage. Insurance. Acts of God. Flooding. Crop loss. Dredged material relocation area. Negligence. Duty of care. Burden of proof. Causation. Industry practice. Judgment for defendant. | Shaver | |
8/2/2023
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9/7/2023
| 2023-Ohio-3162 |
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Carter v. Ohio Dept. of Rehab. & Corr.
| 2023-00046AD | Inmate property loss. Investigation report. Negligence. Duty of care. Burden of proof. Theft. Internal prison regulations. Judgment for defendant. | Shaver | |
8/2/2023
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9/7/2023
| 2023-Ohio-3163 |
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Sparks v. Ohio Dept. of Rehab. & Corr.
| 2023-00167AD | Inmate property loss. Negligence. Duty of care. Burden of proof. Value of property. Damages. Contraband. Proof of ownership. Judgment for plaintiff. | Shaver | |
8/2/2023
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9/7/2023
| 2023-Ohio-3164 |
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McClellan v. Hamby
| 2023-00345PQ | Public Records; Mootness; Burdens of proof regarding mootness. | Marti | |
7/31/2023
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8/10/2023
| 2023-Ohio-2769 |
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Sammour v. Ohio Bur. of Workers' Comp.
| 2021-00266JD | Summary Judgment; Civ.R. 56; Malicious Prosecution; Workers’ Compensation Fraud; Criminal Prosecution; 42 U.S.C. § 1983. Plaintiff alleged claims for malicious prosecution in relation to a workers’ compensation fraud investigation and felony criminal prosecution. Defendant established that the workers’ compensation fraud investigation was not instituted with malice and the felony criminal prosecution was not terminated in favor of the accused. As such, plaintiff could not prove the elements of malicious prosecution for either claim. Moreover, the court lacked subject-matter jurisdiction over plaintiff’s constitutional or 42 U.S.C. § 1983 claims. Accordingly, plaintiff failed to create a genuine issue of material fact and the court granted defendant’s motion for summary judgment. | Sadler | |
7/31/2023
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8/15/2023
| 2023-Ohio-2841 |
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McDonald v. Ohio Dept. of Rehab. & Corr.
| 2022-00565JD | Motion for summary judgment; Civ.R. 56(B); negligence; open and obvious; inmate. Plaintiff was injured after he fell after stepping on a cracked concrete floor while he was working in defendant’s service garage. The court found that there was no genuine issue as to any material fact that the condition of the concrete was observable at the time of plaintiff’s fall. Therefore, the court determined that the open and obvious doctrine applied and granted defendant’s motion for summary judgment. Judgment was rendered in favor of defendant. | Sadler | |
7/31/2023
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8/15/2023
| 2023-Ohio-2842 |
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Bandaru v. Ohio State Univ. Wexner Med. Ctr.
| 2019-00852JD | Medical malpractice, proximate cause, lack of informed consent, loss of consortium. The Court found that Defendant’s medical staff breached the standard of care when they failed to perform a neurological examination until four hours after the patient exhibited a change in his baseline status. However, the Court concluded that the breach of the standard of care did not proximately cause the patient’s injuries because earlier treatment by four hours would not have made a difference in the patient’s outcome. Additionally, the patient’s wife testified that she was informed of the risks and benefits of the procedure. Judgment rendered for Defendant on all claims. | Sheeran | |
7/28/2023
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8/15/2023
| 2023-Ohio-2840 |
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Feaster v. Ohio Dept. of Rehab. & Corr.
| 2023-00175AD | Inmate lost property, pack-up slips. Proof of ownership, proof of value. Judgment for defendant. | Shaver | |
7/28/2023
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9/14/2023
| 2023-Ohio-3256 |
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In re Rowe
| 2023-00257VI | Victims of crime, police actions, criminally injurious conduct, report to law enforcement, R.C. 2743.51(C)(1), R.C. 2743.60(A). Applicant’s claim for property loss and personal injury based on law enforcement damaging her home while arresting her husband and injuring her while arresting her was denied. Officers were engaged in their duties and did not commit criminally injurious conduct, and applicant never reported any crimes to law enforcement. | Shaver | |
7/26/2023
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9/20/2023
| 2023-Ohio-3349 |
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Warren v. Ohio Dept. of Rehab. & Corr.
| 2023-00338AD | Inmate, excessive use of force. Burden of proof. Appointment of counsel. Judgment for defendant. | Shaver | |
7/25/2023
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9/14/2023
| 2023-Ohio-3258 |
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Seiverth v. Perrysburg
| 2022-00850PQ | After neither party filed timely objections to a Special Master’s Report and Recommendation, the Court adopted the Report and Recommendation, excepting certain typographical errors. The Court ordered Respondent to produce certain records to Requester and further ordered that Requester was entitled to recover from Respondent the amount of the filing fee of twenty-five dollars and any other costs associated with the action that were incurred by Requester, excepting attorney fees. | Sadler | |
7/18/2023
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8/10/2023
| 2023-Ohio-2767 |
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Mantell v. Cuyahoga Cty. Prosecutor's Office
| 2023-00225PQ | Public Records; R.C. 140.011(G), R.C. 149.43(B)(1); R.C. 2743.75(E)(3)(c); Evidence submitted after deadline set pursuant to R.C. 2743.75(E)(3)(c) may be disregarded; “Data base rule”/ extent of public office’s duty to generate new records in response to records request; Extent of public office’s duty to conduct research in response to records request. | Marti | |
7/18/2023
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8/10/2023
| 2023-Ohio-2768 |
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Bolinger v. Ohio Dept. of Transp.
| 2023-00042AD | Pothole; vehicle damage; insurance; negligent maintenance; R.C. 2743.02(D). Judgment for plaintiff. | Shaver | |
7/12/2023
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9/14/2023
| 2023-Ohio-3261 |
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Sammour v. Ohio Dept. of Job & Family Servs.
| 2022-00681JD | Summary Judgment; Civ.R. 56; Public Duty Immunity; R.C. 2743.01; R.C. 2743.02; Unemployment Benefits; R.C. 4141.13. Plaintiff alleged defendant unlawfully delayed payments of his unemployment benefits. Defendant established it performed a public duty in reviewing and paying plaintiff’s unemployment benefits. Plaintiff failed to establish that defendant had a special relationship with plaintiff. Accordingly, plaintiff failed to create a genuine issue of material fact and the court granted defendant’s motion for summary judgment. | Sadler | |
7/7/2023
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8/15/2023
| 2023-Ohio-2843 |
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Seiverth v. Perrysburg
| 2022-00850PQ | Public Records; Attorney-Client Privilege; R.C. 149.43(A); R.C. 3701.17(B); Public Office’s burden of proving the applicability of an exemption from the general duty to provide access to records; Burden of proving the elements of attorney-client privilege; Failure to explain bases for redactions based on attorney-client privilege precludes the privilege; Disclosure of privileged records to adverse party waives attorney-client privilege. R.C. 3701.17(B) does not justify withholding of records absent proof that the information in the records was reported to or obtained by one of the health-related entities listed in the statute. | Marti | |
6/28/2023
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7/7/2023
| 2023-Ohio-2319 |
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Sanborn v. Univ. of Cincinnati
| 2022-00222JD | Magistrate’s Decision, Bifurcated Trial, Liability, Land Owner, Invitee, Negligence, Duty of Ordinary Care. Plaintiff, an invitee to defendant’s premises, fell when she stepped into a concealed hole in an unlit grove at night. Evidence presented during trial established that defendant routinely inspected the area and that the incident location was outside the nearby construction zone. The magistrate held that plaintiff had conceded that defendant did not have actual notice and failed to establish that defendant had constructive notice of the hole. Thus, the magistrate found that plaintiff failed to prove that defendant breached its duty of reasonable care. Judgment recommended in favor of defendant. | Sheets | |
6/27/2023
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7/31/2023
| 2023-Ohio-2657 |
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Wiltz v. Ohio State Univ. Wexner Med. Ctr.
| 2021-00735JD | Civ.R. 53, credibility of witnesses. Plaintiff claims that Defendant refused to provide her medical care, altered her medical records, and refused to provide her medical records. The case proceeded to trial before a magistrate. After finding that Ohio does not recognize a claim for negligent failure to provide medical records and that Plaintiff’s account lacked credibility regarding Defendant’s refusal to provide her medical treatment or that it altered her medical records, the magistrate recommended judgment in favor of Defendant. | Sheets | |
6/27/2023
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7/31/2023
| 2023-Ohio-2655 |
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Taper v. Ohio Dept. of Rehab. & Corr.
| 2022-00534AD | Prison; use of force; inmate personal injury; negligence; battery; assault. Judgment for defendant. | Shaver | |
6/27/2023
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9/14/2023
| 2023-Ohio-3259 |
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Scretchen v. Ohio Dept. of Transp.
| 2023-00205AD | Automobile damage, pothole, pavement patch deterioration. Insurance deductible. Judgement for plaintiff. | Shaver | |
6/27/2023
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9/14/2023
| 2023-Ohio-3257 |
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White v. Ohio Dept. of Transp.
| 2023-00033AD | Automobile damage, debris in roadway. Construction zone, delegation of duty. Judgment for defendant. | Shaver | |
6/21/2023
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9/14/2023
| 2023-Ohio-3255 |
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Badawi v. Ohio State Univ. Wexner Med. Ctr.
| 2019-00122JD | Medical Malpractice; Medical Negligence; Wrongful Death; Standard of Care; Directed Verdict; Civ.R. 50; Survivorship Claim; Proximate Cause; Loss of Consortium. Plaintiff asserted Defendant was negligent in its treatment and care of a pregnant patient and newborn patient, which resulted in the newborn’s death. Plaintiff contended, through expert testimony, that Defendant breached the standard of care by improperly supervising, monitoring, and treating a trial of labor after cesarean section patient with a uterine rupture during childbirth. Defendant was granted, pursuant to Civ.R. 50, a partial directed verdict as to informed consent, training of medical residents, loss of earning capacity, funeral and burial expenses, medical bill expenses, and survivorship claims. However, the court found Plaintiff’s experts persuasive as it related to the negligence of Defendant in failing to supervise treatment and timely order a cesarean section, which was the proximate cause of the newborn’s death. Therefore, the parents of the deceased newborn were entitled to damages for mental anguish and loss of consortium. Accordingly, the court issued judgment in favor of plaintiff in the amount of $2,750,025.00. | Sheeran | |
6/14/2023
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7/31/2023
| 2023-Ohio-2654 |
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Graham v. Lake Cty. JFS/CSEA
| 2023-00048PQ | On Respondent’s objections to a Report and Recommendation, the Court overruled the objections and adopted the Report and Recommendation. Since Respondent did not object to the lack of an express ruling by the Special Master on Respondent's Motion To Dismiss, the Court rendered no ruling on Respondent's Motion To Dismiss in the first instance. The Court ordered Respondent to produce to Requester certain records. And the Court determined that Requester was entitled to recover from Respondent the amount of the filing fee of twenty-five dollars and any other costs associated with the action that were incurred by the Requester, excepting attorney fees. | Sadler | |
6/13/2023
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7/7/2023
| 2023-Ohio-2321 |
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Staton v. Timberlake
| 2023-00128PQ | After neither Requester nor Respondent filed timely written objections to a Report and Recommendation, upon independent review, the Court found that there was no error of law or other defect evident on the face of the Report and Recommendation. The Court adopted the Report and Recommendation. In accordance with a Special Master's recommendations, the Court construed Requester's filing of April 18, 2023, as a motion for leave to amend the Complaint, granted Requester’s motion, and accepted Requester’s amendment. The Court denied Requester's claim for production of certain unredacted police reports as moot, sustained Requester's claim that Respondent's delay in producing the unredacted police reports violated R.C. 149.43(B)(1), and denied the other relief sought by Requester. The Court ordered that Requester was entitled to recover from Respondent the amount of the filing fee of twenty-five dollars and any other costs associated with the action that were incurred by Requester, excepting attorney fees. | Sadler | |
6/13/2023
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7/7/2023
| 2023-Ohio-2322 |
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Langer v. Ohio State Univ. Office of Univ. Compliance & Integrity
| 2023-00195PQ | Public Records; Unauthorized Practice of Law; Attorney-Client Privilege; R.C. 149.43(C)(1); R.C. 2743.75(D)(1); R.C. 4705.01; A party is not “aggrieved” by the denial of another person’s public records request unless the other person was the party’s designee; A non-lawyer’s filing of a R.C. 2743.75 complaint on behalf of another person or an entity is the unauthorized practice of law; a R.C. 2743.75 complaint should not be dismissed for failure to attach documents related to the records request if the missing documents are put into the record of the case; Public office’s burden of proving the applicability of an exemption from the general duty to provide access to records; Burden of proving the elements of attorney-client privilege; A signed, final, contract with adverse party is not covered by the attorney-client privilege. | Marti | |
6/13/2023
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7/7/2023
| 2023-Ohio-2323 |
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Croce v. Ohio State Univ. Bd. of Trustees
| 2022-00187JD | Motion for judgment on the pleadings; Civ.R. 12(C); breach of contract; constitutional rights; federal preemption; declaratory judgment. Plaintiff filed this claim against defendant following misconduct proceedings based on his research practices and the non-disciplinary actions that resulted. The court found that plaintiff failed to state a claim for breach of contract because consulting income was not addressed in anything plaintiff submitted that could be his employment contract. Further, the court determined that the issue of how the proceedings were handled was preempted by federal law. The court found that it did not have jurisdiction over plaintiff’s constitutional claims. Finally, the court determined that because plaintiff’s claims for declaratory relief were subsumed into plaintiff’s contract claim, that claim must fail as well. Therefore, the court granted defendant’s motion for judgment on the pleadings and plaintiff’s claim was dismissed. | Sadler | |
6/9/2023
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7/31/2023
| 2023-Ohio-2656 |
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In re Ford
| 2022-00200VI | Victims of crime; criminally injurious conduct; R.C. 2743.51(C); uncorroborated statements. Applicant failed to prove she was a victim of criminally injurious conduct as defined in R.C. 2743.51(C)(1) because her uncorroborated statements to police did not constitute sufficient proof. | Borchert | |
6/7/2023
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9/20/2023
| 2023-Ohio-3338 |
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In re Roukey
| 2022-00799VI | Victims of crime. R.C. 2743.59(B). R.C. 2743.51(B). The case was remanded to the AG for calculation of economic damages because decedent’s 1099s and W-2s were sufficient proof of income. Decedent’s employment was as an independent contractor. His wife sought compensation for medical expenses, counseling, lost wages, funeral expenses, items held as evidence, and lost financial support for victim’s dependents. | Borchert | |
6/7/2023
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9/20/2023
| 2023-Ohio-3342 |
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In re Bolton
| 2023-00115VI | Victims of crime; statute of limitations; R.C. 2743.56(B); R.C. 2743.60(A)(2)(a). Applicant’s claim was denied pursuant to the statute of limitations found in R.C. 2743.56(B) because he filed his reparations application more than three years after the alleged criminally injurious conduct occurred. | Borchert | |
6/7/2023
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9/20/2023
| 2023-Ohio-3347 |
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Jones v. Allen Cty. Common Pleas Court
| 2023-00351PQ | Pursuant to R.C. 2743.75(D)(2), and upon a Special Master's recommendation, the Court sua sponte dismissed Requester's Complaint. | Sadler | |
6/7/2023
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7/7/2023
| 2023-Ohio-2324 |
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Peroli v. Medina Cty. Prosecutor
| 2023-00002PQ | Neither Requester nor Respondent filed timely written objections to a Report and Recommendation in which a Special Master recommended denying Requester’s claims and assessing costs against Requester. Upon independent review, the Court found that there was no error of law or other defect evident on the face of the Report and Recommendation. The Court adopted the Report and Recommendation, denied Requester's claims, and assessed court costs to Requester. | Sadler | |
6/6/2023
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7/7/2023
| 2023-Ohio-2320 |
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In re Condrin
| 2023-00036VI | Victims of crime. Attorney’s fees related to obtaining a CPO. R.C. 2743.51(C)(1). The magistrate recommended that applicant was a victim of criminally injurious conduct because applicant successfully obtained a CPO after her husband pushed a mattress on top of her on a staircase, screamed in her face, and hit her with an open hand. | Borchert | |
5/31/2023
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9/20/2023
| 2023-Ohio-3346 |
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In re Bastola
| 2022-00722VI | Dependent’s economic loss; readily available collateral source; dependency; R.C. 2743.51(D); R.C. 2743.51(I). Applicants failed to prove they were dependents of the decedent as defined in R.C. 2743.51(D), because decedent secured his own housing and other necessities by contributing to the family expenses. | Borchert | |
5/31/2023
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9/20/2023
| 2023-Ohio-3340 |
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Jones v. Allen Cty. Common Pleas Court
| 2023-00351PQ | Public Records, R.C. 149.43(C)(1); R.C. 2743.75(D)(1); a requester must make a public records request to the office or official sued to be sufficiently aggrieved to file suit to enforce the request. | Marti | |
5/30/2023
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6/5/2023
| 2023-Ohio-1863 |
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Rericha v. Ohio Dept. of Rehab. & Corr.
| 2019-01000JD | Personal Injury; Multiple Collisions; Negligence; Pain and Suffering; Loss of Consortium; Collateral Sources; R.C. 2743.02(D). Plaintiff was involved in a motor vehicle collision with defendant’s vehicle and, subsequently, another collision with a non-party vehicle, which resulted in a single indivisible injury. Liability was stipulated. At trial, the specific extent of harm resulting from each collision could not be determined. Plaintiff proved that defendant was a substantial factor in producing the harm. However, defendant failed to prove the harm was capable of apportionment. As such, plaintiff was entitled to an award of damages, but the damages were reduced by collateral recovery pursuant to R.C. 2743.02(D). Moreover, plaintiff’s wife was entitled to an award for loss of consortium damages. Therefore, the magistrate recommended that judgment be entered in favor of plaintiffs in the total amount of $945,491.56. | Van Schoyck | |
5/26/2023
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6/28/2023
| 2023-Ohio-2155 |
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