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Articles 1 - 3 of 3
Full-Text Articles in Law
Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett
Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett
Cleveland State Law Review
The Ohio Supreme Court in Wood v. Shepard had occasion to interpret Ohio's wrongful death statute in conjunction with Ohio's uninsured and underinsured motorist statute (UUM). The court held that the wrongful death of an insured creates separate claims that are not subject to a single person limit of liability in the deceased insured's UUM coverage. Wood is a nebulous decision. It overcompensates the deceased insured's surviving family members and turns the deceased insured's UUM coverage into a bottomless well from which the surviving family members may draw compensation. The full effect of Wood is yet unknown. What is known, …
The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung
The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung
Cleveland State Law Review
The rules of civil procedure, seemingly straightforward, can be misinterpreted due to attorney inattentiveness. One rule which has suffered and still is suffering from misinterpretation and misapplication is Ohio Rule of Civil Procedure 54(B), judgment upon multiple claims or involving multiple parties, the subject of this note. The following discussion, an analysis of Rule 54(B), will attempt to accomplish several tasks. First, the note will briefly describe the history, nature, and purpose of the rule. Secondly, it will analyze the major aspects and requirements of Rule 54(B). The analysis will emphasize the facets of the rule which have often been …
From Hannola To Albain: The Rise And Fall Of Ohio's Hospital Agency By Estoppel Doctrine, David J. Wigham
From Hannola To Albain: The Rise And Fall Of Ohio's Hospital Agency By Estoppel Doctrine, David J. Wigham
Cleveland State Law Review
The role of the hospital in the field of medicine has evolved significantly in recent decades. Now hospitals privately distance themselves as far as possible from the acts of the negligent physician. Courts have intervened in recent years and expanded the scope of vicarious hospital liability. This Note will begin with a brief history of vicarious hospital liability. Next, it will examine the elements of two doctrines which are being used to impute such liability to hospitals - agency by estoppel and ostensible agency - and determine how each has been applied by courts across the nation to the hospital …