Mutters v. White Castle System, Inc.
Cases that cite this one
2 later published cases cite this decision.
- Mutters v. White Castle, Unpublished Decision (10-15-1999) (Ohio Ct. App. 1999)
- Mutters v. White Castle Sys., Inc. (Ohio 1997)
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.
Concurring Opinion
concurring. I do not interpret this “remand” as an order to grant the claimant her award. Rather, I interpret it as an order to the court to apply the new standards in Lewis v. Trimble (1997), 79 Ohio St.3d 231, 680 N.E.2d 1207, to this fact pattern to determine whether claimant knew or should have known of her condition. However, I would also caution the trial court to factor in her doctor’s apparent refusal to refer her for psychiatric care after she specifically requested it and the effect that refusal had upon her delay in diagnosis. It is possible that the doctor’s refusal to refer claimant negated any threshold of the “knew or should have known” scienter on her part, given the trust one puts in one’s own physician.
Opinion of the Court
The discretionary appeal is allowed.
The judgment of the court of appeals is reversed, and the cause is remanded to that court to apply Lewis v. Trimble (1997), 79 Ohio St.3d 231, 680 N.E.2d 1207.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.