McMULLEN v. OHIO STATE UNIV. HOSP.

No. 98-2358.

88 Ohio St.3d 332 (2000)

MCMULLEN, EXR., APPELLANT, v. OHIO STATE UNIVERSITY HOSPITALS, APPELLEE.

Supreme Court of Ohio.

Decided April 12, 2000.


Attorney(s) appearing for the Case

Butler, Cincione, DiCuccio, Dritz & Barnhart, N. Gerald DiCuccio and Gail M. Zalimeni, for appellant.

Betty D. Montgomery, Attorney General; Kegler, Brown, Hill & Ritter and Anthony C. White, for appellee.

A. William Zavarello Co., L.P.A., A. William Zavarello and Rhonda Gail Davis, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.


ALICE ROBIE RESNICK, J.

The issue to be decided in this case is whether the loss-of-chance doctrine applies in a case where a plaintiff proves a direct causal relationship between the decedent's death and a specific negligent act. Further, although the court of appeals correctly decided that the Court of Claims, rather than the probate court, has exclusive, original jurisdiction to determine collateral-source deductions under R.C. 3345.40(B)(2), it erred...

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