An informed consent plaintiff was required to produce expert testimony showing it to be more likely than not that the undisclosed greater risk of nerve damage from back surgery proximately caused his chronic pain, the Ohio Supreme Court has ruled in reinstating a directed verdict. The plaintiff suffers severe, chronic pain after undergoing a second discectomy to repair a herniated disc in his back. The first surgery had a positive outcome until the plaintiff reinjured himself while running. The defendant performed both surgeries.
Ohio Smokers Lose Big as Two-Year Legal Battle Comes to an End WASHINGTON, Dec. 22, 2010 /PRNewswire-USNewswire/ -- The Ohio Supreme Court has ruled that the state had the authority to shut down the Ohio Tobacco Prevention Foundation (OTPF) in 2008 and divert Ohio's share of tobacco settlement funds to other budget items. For the state that ranks dead last in the amount of money it devotes to tackling smoking, the number one preventable cause of death, those who need help in quitting now have few places to turn.
A permanently disabled Ohio police officer probably never dreamed that he was jeopardizing his workers' compensation benefits when he tried to make some extra cash on the side by selling Oxycontin. But last week the Ohio Supreme Court decided that even illegal activity can be deemed inconsistent with an alleged disability.
The Ohio Supreme Court had a blunt message Thursday for would-be challengers to Ohio's lethal-injection protocol: You can't get there from here. In a 5-2 decision, the court ruled that there is no avenue under Ohio law to contest how the state executes condemned killers. The General Assembly "has not yet provided an Ohio law cause of action for Ohio courts to process challenges to a lethal-injection protocol," the court said.
An Ohio woman thought she had a written contract giving her an equal share of her boyfriend's home. The woman had fulfilled her end of the bargain by moving back in with him, so she felt pretty secure in her rights when the couple later split up. Last week, the Ohio Supreme Court broke the bad news that her "contract" wasn't worth the paper it was printed on.
An automobile insurance policy covers attorney fees related to an award of punitive damages against the insured, the Ohio Supreme Court has ruled in affirming judgment. The defendant was allegedly intoxicated and fleeing the scene of an earlier accident when she was involved in a collision with the plaintiff.
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