Johnston v. Univ. Mednet
Johnston v. Univ. Mednet
Opinion
[This opinion has been published in Ohio Official Reports at 71 Ohio St.3d 608.]
JOHNSTON, ADMR., APPELLANT, v. UNIVERSITY MEDNET ET AL., APPELLEES. [Cite as Johnston v. Univ. Mednet, 1995-Ohio-1.] Medical malpractice—Liability insurance—Evidence—Commonality of insurance interests between defendant and expert witness outweighs any potential prejudice evidence of insurance might cause—Evid.R. 411, applied. (No. 94-2066—Submitted January 10, 1995—Decided March 15, 1995.) APPEAL from the Court of Appeals for Cuyahoga County, No. 65623. __________________ Michael F. Becker Co., L.P.A., Michael F. Becker and Jeanne M. Tosti, for appellant. Jacobson, Maynard, Tuschman & Kalur, John V. Jackson II, Joseph A. Farchione and Douglas G. Leak, for appellees. __________________ {¶ 1} The discretionary appeal is allowed. The judgment of the court of appeals is reversed, and the cause is remanded to the trial court on the authority of Ede v. Atrium S. OB-GYN, Inc. (1994), 71 Ohio St.3d 124, 642 N.E.2d 365. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. WRIGHT, J., dissents for the reasons stated in his dissenting opinion in Ede v. Atrium S. OB-GYN, Inc. (1994), 71 Ohio St.3d 124, 128-131, 642 N.E.2d 365, 369-370. COOK, J., dissents. __________________
Reference
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- Syllabus
- Medical malpractice—Liability insurance—Evidence—Commonality of insurance interests between defendant and expert witness outweighs any potential prejudice evidence of insurance might cause—Evid.R. 411, applied.