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HEINER v. MORETUZZO

No. 94-726.

73 Ohio St.3d 80 (1995)

HEINER, N.K.A. ZUCCO, APPELLANT, v. MORETUZZO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 16, 1995.

Attorney(s) appearing for the Case

Allen Schulman & Associates, Allen Schulman, Jr. and Timothy B. Saylor, and Brian L. Zimmerman, for appellant.

Jacobson, Maynard, Tuschman & Kalur, Cheryl O'Brien and Douglas G. Leak, for appellee Moretuzzo.

Porter, Wright, Morris & Arthur, Hugh E. McKay, Richard M. Markus, Patricia A. Screen, David R. Cohen and Joyce D. Edelman, for appellee American Red Cross.

Roetzel & Andress, K. Richard Aughenbaugh and Thomas A. Pampush, for appellee Akron General.

Bricker & Eckler, James J. Hughes, Jr., and Catherine M. Ballard, urging affirmance for amici curiae, College of American Pathologists, Ohio State Medical Association, and Ohio Hospital Association.

Duvin, Cahn, Barnard & Messerman and Barton A. Bixenstine, urging affirmance for amicus curiae, Ohio Association of Civil Trial Attorneys.

Michael R. Thomas, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

DOUGLAS, J.

The question before us is whether Ohio law currently recognizes the right of a plaintiff to maintain a cause of action for negligent infliction of serious emotional distress where the defendant's negligence produced no actual threat of physical harm to the plaintiff or any other person. The trial court and court of appeals answered this question in the negative. For the reasons that follow, we affirm the judgment of the court of appeals.

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