Ohio Supreme Court, 1976

Mast v. Doctor's Hospital North

Ohio Supreme Court · Decided June 30, 1976 · Brow, Brown, Celebrezze, Corrigan, Herbert, Neill, Stern

46 Ohio St. 2d 539; 350 N.E.2d 429; 75 Ohio Op. 2d 556; 1976 Ohio LEXIS 662

Cases that cite this one

28 later published cases cite this decision. The 25 that cite it most often are listed here.

Wines v. Flowers, Unpublished Decision (11-21-2006) (Ohio Ct. App. 2006)
State v. Williams (Ohio 2004)
State Farm Fire & Casualty Co. v. Chrysler Corp. (Ohio 1988)
Drehmer v. Fylak (Ohio Ct. App. 2005)
Trauth v. Dunbar (Ohio 1983)
Catalanotto v. Byrd (Ohio Ct. App. 2017)
Snell v. Salem Avenue Associates (Ohio Ct. App. 1996)
Aretz v. Rue (Ohio Ct. App. 1995)
Iames v. Murphy (Ohio Ct. App. 1995)
State ex rel. Smith v. O'Connor (Ohio 1995)
State ex rel. Smith v. O'Connor (Ohio 1995)
Bland v. Graves (Ohio Ct. App. 1993)
Stancil v. K.S.B. Investment & Management Co. (Ohio Ct. App. 1991)
Center Ridge Ganley, Inc. v. Stinn (Ohio Ct. App. 1991)
Charles R. Combs Trucking, Inc. v. International Harvester Co. (Ohio 1984)
FabMetals, Inc. v. Stratacache, Inc. (Ohio Ct. App. 2024)
Stamatopoulos v. All Seasons Contracting, Inc. (Ohio Ct. App. 2020)
Riedel v. Akron Gen. Health Sys. (Ohio Ct. App. 2018)
State ex rel. Mullins v. Curran (Ohio Ct. App. 2011)
Couture v. the Toledo Clinic, L-07-1277 (10-31-2008) (Ohio Ct. App. 2008)
Whiteside v. Bennett, Unpublished Decision (7-14-2006) (Ohio Ct. App. 2006)
Scott v. Condo, Unpublished Decision (5-3-2002) (Ohio Ct. App. 2002)
Stojkovic v. Thress, Unpublished Decision (5-28-1999) (Ohio Ct. App. 1999)
Cox v. Oliver Machinery Co. (Ohio Ct. App. 1987)
Loewenstine v. Delta Air Lines, Inc. (Ohio Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Before the advent of the Ohio Buies of Civil and Appellate Procedure the case law of this state clearly held that the reversal and vacation of an erroneous verdict for damages required á trial de novo as to all issues in the ease. See Edelstein v. Kidwell (1942), 139 Ohio St. 595; Markota v. East Ohio Gas Co. (1951), 154 Ohio St. 546.

It is the opinion of a majority of this court, however, that App. B. 12 (D), in conjunction with Civ. B. 42(B), authorizes a Court of Appeals to order the retrial of only those issues, claims or defenses the original trial of which resulted in prejudicial error, and to allow issues tried free from error to stand.

App. B. 12(D) vests the court with the necessary authority to order a trial court to exercise its powers under Civ. B. 42(B) to separately try any claim or issue, when such separation is “in furtherance of convenience or to *542avoid prejudice, oí when separate trials will be conducive to expedition and economy.”' Civ. R. 42(B)..

Accordingly, for the foregoing reasons,- the certified question is answered in the affirmative, and the cause is remanded to the Court, of Appeals with instructions to remand the cause to the Court of Common Pleas for a re-, trial upon only the issue of damages.

Judgment accordingly.

O’Neill, C. J., Herbert, Corrigan, Celebrezze, W.. Brow^ and P. Brown, JJ., concur.

Concurring Opinion

Stern, J.,

concurring in part and dissenting in part.

I agree that the cause be remanded. However, I am of the opinion that, in remanding the cause, it should be retried on all issues, on the basis of Markota v. East Ohio Gas Co. (1951), 154 Ohio St. 546, and Edelstein v. Kidwell (1942), 139 Ohio St. 595.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.