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"Three recent Ohio Supreme Court Decisions"

Court Rules Collateral Source Statute Does Not Bar Evidence of Write Offs on Plaintiff's Medical Bills

Where Reduced Fees are Result of Plaintiff's Medical Insurance Coverage

From the site: "2009-0820.  Jaques v. Manton, Slip Opinion No. 2010-Ohio-1838.

...Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-1838.pdf

 

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The Supreme Court of Ohio ruled today that the defendant in a personal injury lawsuit is not barred by Ohio's collateral source statute from introducing at trial evidence of "write offs" accepted by medical service providers that reduced the actual cost of the plaintiff's medical treatments to a lower amount than those providers originally billed for their services..."

 

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Prior DNA Test Not 'Definitive' If New Testing Method Can Detect Information Old Test Could Not

Case Returned to Trial Court to Determine if Other Criteria for Granting New Test Also Met

 

From the site: "2009-0605.  State v. Prade, Slip Opinion No. 2010-Ohio-1842.

...Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-1842.pdf

 

View oral argument video of this case.

 

The Supreme Court of Ohio ruled today that under R.C. 2953.74, a state law that allows prison inmates to obtain new DNA testing of evidence from their trials under certain conditions, a prior DNA test is not "definitive" when a new testing method can detect information that could not be detected by the prior DNA test."

 

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Public Policy Does Not Bar Defendant's Insurance Policy from Covering Plaintiff's Attorney Fees

When Fees Awarded by Jury as a Result of Punitive Damages Award

 

2009-0325.  Neal-Pettit v. Lahman, Slip Opinion No. 2010-Ohio-1829.

...Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-1829.pdf

 

View oral argument video of this case.

 

The Supreme Court of Ohio ruled today that an award of attorney fees in a civil lawsuit is distinct from an award of punitive damages, and the public policy of the state does not prevent an insurance policy from providing coverage for attorney fees when they are awarded solely as a result of an award for punitive damages."

 

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Source: The Supreme Court of Ohio, http://www.supremecourt.ohio.gov/ 4 May 2010

Full post as published by Stark County Law Library Blawg on May 05, 2010 (boomark / email).