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OHIO SUPREME COURT CASE UPDATE

September 26, 2017 — Columbus, OH  |  Download PDF  |  Media Contact: Antionette Goff

Here are recent Ohio Supreme Court cases that may be of interest:

State v. Morgan, Slip Opinion No. 2017-Ohio-7565  Held that when a juvenile whose parents are deceased appears at an amenability hearing, a GAL must be appointed as mandated by R.C. 2151.281(A)(1) and Juv. R. 4(B)(1).  Further, in a matter of first impression,  the Court held that the criminal plain-error standard should apply when errors that are not preserved arise in juvenile-delinquency proceedings.

Stewart v. Vivian,  Slip Opinion No. 2017-Ohio-7526  In a case certified to the Supreme Court to resolve a split among Ohio appeals courts, the Court found that a health care provider’s statement of apology per R.C. 2317.43 cannot be admitted as evidence in a civil lawsuit against the provider.

State ex rel. Ohio Presbyterian Retirement Services, Slip Opinion No. 2017-Ohio-7577  On Motion for Reconsideration, the Court upheld its decision that reversed the judgment of the court of appeals, finding that if an injured worker is receiving permanent-total-disability, the Industrial Commission does not have statutory authority to award permanent-partial-disability compensation pursuant to R.C. 4123.57(A) in the same claim.

State ex rel. Camaco LLC v. Albu, Slip Opinion No. 2017-Ohio-7569  Reversed the judgment of the court of appeals for a VSSR award under Ohio Adm Code 4123:1-5-17(G)(1)(a)(i), holding  that an employer does not face liability for violation of a specific safety requirement when it did not know of the specific danger requiring a safety device.

If you have any questions about this or any other loss prevention topic, please contact:

Gretchen Koehler Mote, Esq.,

Director of Loss Prevention
Ohio Bar Liability Insurance Company