ROMAN v. ESTATE OF GOBBO

No. 2002-0285.

99 Ohio St.3d 260 (2003)

2003-Ohio-3655

ROMAN ET AL, APPELLANTS, v. ESTATE OF GOBBO, APPELLEE.

Supreme Court of Ohio.

Decided July 23, 2003.


Attorney(s) appearing for the Case

Gold, Schwartz & Co., L.P.A., Gerald S. Gold, Jennifer E. Schwartz and Brian P. Downey, for appellants.

Jones, Day, Reavis & Pogue, Jeffrey S. Sutton, Michael Y. Scudder Jr., Mary Beth Young and Geoffrey M. Johnson; McNeal, Schick, Archibald & Biro Co., L.P.A., Fredric E. Kramer and Brian T. Winchester, for appellee.

Robert P. Rutter, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.

Pappas & Associates and Thomas P. Pappas, urging affirmance for amicus curiae National Association of Independent Insurers.


ALICE ROBIE RESNICK, J.

{¶ 1} The issue in this appeal involves the viability of the sudden-medicalemergency defense (also known as blackout) as a complete defense to liability in motor vehicle negligence cases. For the reasons that follow, we uphold the validity of the defense by reaffirming this court's decision in Lehman v. Haynam (1956), 164 Ohio St. 595, 59 O.O. 5, 133 N.E.2d 97.

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