Publications
Simply pleading design and manufacturing defects is not enough to overcome a Rule 12 motion to dismiss.
The plaintiff, a subrogee of a school district, filed a lawsuit sounding in strict liability, negligence, and promissory estoppel against the manufacturer of a dust collection venting system where a fire allegedly originated in one of the district
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Supreme Court addresses stringent standard to defeat a question-of-fact argument.
The Ohio Supreme Court has determined that it is not a court’s role to weigh evidence to determine issues that may otherwise present as a question of fact.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Supreme Court opens the door for a psychological exception to non-economic damage caps.
A jury found that the plaintiff was entitled to an award of $20 million in non-economic damages for emotional trauma following a series of sexual abuses she experienced as a minor.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Patient Safety Privilege gets boost in Sanders.
Certain records, including investigation reports and PowerPoint slides, can be privileged under the Patient Safety Privilege if certain conditions apply.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Naked allegations of recklessness are sufficient to withstand preliminary objections.
The plaintiff in this matter was riding a zip line at a ski lodge when her legs forcefully struck the landing area. Her complaint alleged recklessness by the defendant, though no specific facts underpinning the reckless conduct were identified.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Assumption of risk unlikely to be a viable defense for preliminary objections.
The plaintiff in this matter alleged that he was harassed and assaulted by a deranged man while mentoring a student in the defendant restaurant, and he repeatedly requested help from the restaurant staff, which was ignored.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Negligent credentialing is a separate and independent claim from medical negligence, but a negligent credentialing claim cannot proceed without either a simultaneous or prior adjudication of or stipulation to medical negligence.
At issue was whether a hospital’s grant of staff privileges to a physician, otherwise known as credentialing a physician, confers a duty upon the hospital that is separate and independent of the duty the physician owes to the hospital’s patients.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Information regarding payments made to third parties in the course of exhausting PIP benefits is discoverable. Such payments do form the basis of a litigious issue that is not frivolous.
This suit involved a medical provider seeking payment on treatment rendered to the plaintiff on dates of service June 11, 2018 through July 30, 2018. The defendant asserted exhaustion of benefits as its affirmative defense.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Defendant’s motion for summary disposition/judgment granted because demand letter did not comply with statute where ledger attached to demand letter reflected a zero dollar balance.
The instant suit involved a plaintiff’s contention that a physician’s assistant reduction in a bill balance was improper. The bill in question was for date of service May 26, 2016, and involved CPT code 99204.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Summary judgment granted as defendant did not return plaintiff to status quo after failing to issue interest owed on premium refund check after rescinding the policy for material misrepresentation by the insured.
The instant suit involved a dispute between an insurance carrier and its insured, Jose Gonzalez. The claim involved a motor vehicle accident that was alleged to have occurred on September 09, 2019, involving the insured.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.