Supreme Court of Ohio.https://leagle.com/images/logo.png
Decided August 27, 1991.
Decided August 27, 1991.
Attorney(s) appearing for the Case
Jeffries, Kube & Monteleone Co., L.P.A., J. Michael Monteleone and Richard A. Vadnal, for petitioners.
Jacobson, Maynard, Tuschman & Kalur Co., L.P.A., Robert C. Maynard, Jerome S. Kalur, Thomas H. Terry III and Robert C. Seibel, for respondent.
Jeffrey R. White and John K. Fitch, urging unconstitutionality for amici curiae, Association of Trial Lawyers of America, Consumer Federation of America and Dissatisfied Parents Together.
Frank A. Ray, Michael S. Miller and Jeffrey L. Maloon, urging unconstitutionality for amicus curiae, Ohio Academy of Trial Lawyers.
Weisman, Goldberg, Weisman & Kaufman, Fred Weisman, Greene & Hennenberg, William Martin Greene and Jean M. McQuillan, urging unconstitutionality for amicus curiae, National Spinal Cord Injury Association.
Dinsmore & Shohl, John E. Schlosser and Frank C. Woodside III, urging constitutionality for amici curiae, Children's Hospital Medical Center and St. Elizabeth Medical Center.
Thompson, Hine & Flory, Gerald L. Draper, Robert D. Monnin and Margaret R. Carmany, urging constitutionality for amicus curiae, Defense Research Institute, Inc.
Lee I. Fisher, Attorney General, and Simon B. Karas, urging constitutionality for amicus curiae, Ohio Attorney General.
Supreme Court of Ohio.
WRIGHT, J.
This court has not considered either of the statutes challenged by petitioners in this case—a remarkable fact given the age of the statutes and the limits they place on recovery by medical malpractice victims. The statutes were part of the General Assembly's response in 1975 to a perceived health care crisis prompted by escalating medical malpractice insurance premiums.
For the reasons set forth below, we hold that that response was unconstitutional...
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