The University of Toledo Medical Center settled a medical malpractice claim, filed by a Toledo-area women, for $225,000. The plaintiff suffered injuries to her vocal cord requiring a permanent tracheotomy, in which the surgeon inserts a tube into a small opening in the windpipe allowing air into the lungs. Generally the procedure is temporary, meant to bypass obstructions. As […]
In an asbestos product liability action , Sroka v. Union Carbide Corp., 1:13cv03281, originally filed in Maryland state court, the defendants unsuccessfully sought to remove the case to federal court. Last week, the Federal District Court Judge granted the plaintiff's motion to remand the case back to state court. The action was filed by John Sroka, now deceased, and his wife. […]
Sometimes new decisions can make or break a case, if the court has time to review the decisions before issuing its own. If not, it pays to know the rules on filing a motion to reconsider. In Sparkman v. Goulds Pumps, Inc., D.S.C. No. 2:12-CV-02957, 2015 WL 727937 (Feb. 19, 2015), the District Court Judge reconsidered his […]
The Fifth District recently published a decision that stands as a warning to potential plaintiffs; don't wait too long to request the medical records. In Kelly v. Aultman Physician Center, that was the underlying basis of the court's decision affirming the granting of judgment in favor of the defendants. Upon the plaintiff's request, the defendants inserted […]
The Ohio Supreme Court is set to hear oral arguments next week on the issue of whether insurance companies are subject to provisions of the Consumer Sales Practices Act ("CSPA") regarding non-manufacturer repair parts. R.C. 1345.81 requires insurers to provide a repair estimate for a motor vehicle that include a specific warning about the planned […]
