Ohio Supreme Court, 1988

Hays v. St. Elizabeth Hospital Medical Center

Ohio Supreme Court · Decided July 20, 1988 · Brown, Cacioppo, Douglas, Holmes, Locher, Moyer, Ninth, Sweeney, Wright

38 Ohio St. 3d 60; 526 N.E.2d 307; 1988 Ohio LEXIS 222

Cases that cite this one

8 later published cases cite this decision.

Santana v. Auto-Owners Ins. Co. (Ohio 1994)
Copeco, Inc. v. Caley (Ohio 1994)
Freeman v. Holzer Med. Ctr. (Ohio 1993)
Copeco, Inc. v. Caley (Ohio 1994)
Santana v. Auto-Owners Insurance (Ohio 1994)
Freeman v. Holzer Medical Center (Ohio 1993)
State v. Parobek (Ohio 1990)
State v. Radar (Ohio 1989)

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

The court of appeals found that its judgment in this case was in conflict with the judgment of the Third District Court of Appeals in Naugle v. Campbell Soup Co. (June 20, 1986), Henry App. No. 7-84-24, unreported, on the question of whether an expert’s affidavit which does not specifically list facts supporting his conclusion of neg*61ligence is sufficient to overcome a motion for summary judgment. Therefore, the court of appeals certified the case to this court pursuant to Section 3(B), Article IV, Constitution.

We find that the judgments of the courts of appeals do not conflict on the certified question. Accordingly, the appeal is dismissed. State v. Palider (1987), 33 Ohio St. 3d 68, 514 N.E. 2d 873; Cook v. Mayfield (1988), 37 Ohio St. 3d 44, 523 N.E. 2d 502.

Moyer, C.J., Cacioppo, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur. Mary Cacioppo, J., of the Ninth Appellate District, sitting for Sweeney, J.

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