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SCIOTO MEMORIAL HOSP. ASS'N, INC. v. PRICE WATERHOUSE

No. 94-409.

74 Ohio St.3d 474 (1996)

SCIOTO MEMORIAL HOSPITAL ASSOCIATION, INC., APPELLEE AND CROSS-APPELLANT, v. PRICE WATERHOUSE, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided February 7, 1996.

Attorney(s) appearing for the Case

Gerald L. Draper, Draper, Hollenbaugh & Briscoe Co., L.P.A., and James A. Readey, for appellee and cross-appellant.

Vorys, Sater, Seymour & Pease, John C. Elam, Davis S. Cupps and Carl D. Smallwood, for appellant and cross-appellee.

Emens, Kegler, Brown, Hill & Ritter, L.P.A., S. Martijn Steger and Michael J. Galeano, urging reversal for amicus curiae, Ohio Society of Certified Public Accountants.

Clark, Perdue, Roberts & Scott and Edward L. Clark, urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.

FRANCIS E. SWEENEY. SR., J.

The main issue before this court is whether the comparative negligence defense is applicable to a professional negligence claim of a client against its accountant. For the following reasons, we find that the comparative negligence defense is applicable in accounting negligence cases. Accordingly, the trial court erred in granting the motion in limine and in not giving an instruction on the comparative negligence defense. Nevertheless...

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