Ohio Supreme Court, 2010

Geesaman v. St. Rita's Medical Center

Ohio Supreme Court · Decided December 9, 2010 · Brown, Connor, Cupp, Donnell, Fifth, Gwin, Lanzinger, Pfeifer, Stratton, Tenth, Tyack

127 Ohio St. 3d 1259; 938 N.E.2d 1038

Opinion of the Court

*1259{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

Brown, C.J., and Pfeifer, Gwin, Tyack, and Cupp, JJ., concur. Lundberg Stratton and O’Donnell, JJ., dissent. W. Scott Gwin, J., of the Fifth Appellate District, sitting for O’Connor, J. G. Gary Tyack, J., of the Tenth Appellate District, sitting for Lanzinger, J.

Dissenting Opinion

O’Donnell, J.,

dissenting.

{¶ 2} Because I do not agree that juries should be instructed on alternate theories of recovery in cases of this distinction, I would reverse the judgment of the Third District Court of Appeals and affirm the judgment of the trial court.

Lundberg Stratton, J., concurs in the foregoing opinion. Rourke & Blumenthal, L.L.P., Jonathan R. Stoudt, and Michael J. Rourke, urging affirmance for amicus curiae Ohio Association for Justice.

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