THOMPSON v. WING

No. 93-620.

70 Ohio St.3d 176 (1994)

THOMPSON, EXR., APPELLEE, v. WING ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 31, 1994.


Attorney(s) appearing for the Case

Berkman, Gordon, Murray, Palda & DeVan, J. Michael Murray and Lorraine R. Baumgardner, for appellee.

Jacobson, Maynard, Tuschman & Kalur, Janis L. Small and David M. Best, for appellants.


WRIGHT, J.

The issue in this case is whether a judgment for medical malpractice entered in favor of a plaintiff during her lifetime bars a subsequent wrongful death action brought on behalf of her beneficiaries when both actions are based on the same tortious conduct. We hold that in such a situation a subsequent wrongful death action is not barred by the language of the wrongful death statute, R.C. Chapter 2125, but that collateral estoppel applies to the parties...

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