Opinion

Ott v. Borchardt

  • 127 Ohio App. 3d 152
  • 711 N.E.2d 1066
Court
Ohio Court of Appeals
Filed
Mar 31, 1998
Status
Published
Author
Shaw
On the bench
Evans, Shaw, Bryant
Cited by
8 cases

concluding that R.C. 3937.18 does not destroy the right to a remedy, but merely is a contractual limitation that does not alter the party’s remedy against the tortfeasor

How later courts described this case

  • concluding that R.C. 3937.18 does not destroy the right to a remedy, but merely is a contractual limitation that does not alter the party’s remedy against the tortfeasor

Written by the judges who cited it.

The opinion

Shaw, Presiding Judge,

concurring separately.

I concur in the analysis of the issues contained in the lead opinion of Justice Cook in the

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decision and, to this extent only, concur in the judgment reached by the lead opinion of this court in the case before us.

The decision of the Ohio Supreme Court in

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is somewhat unusual in that it addresses in distinct fashion the same constitutional issues present in our case, involving separation of powers, equal protection, right to a remedy, and privileges and immunities. Unfortunately, a majority of four justices concurred only as to the constitutional issue of the one-subject rule, an issue that is not raised in our case. Three justices dissented, without opinion, as to all issues addressed in the lead opinion of

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and one justice, having concurred only as to the one-subject rule, in essence abstained as to the remaining issues.

The lead opinion in the case before us makes general note of this situation but then proceeds to make numerous authoritative references to the “Ohio Supreme

*159

Court” in

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as having resolved or answered all of the constitutional issues raised in the case before us. In view of the actual

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decision, I believe these references are inappropriate and misleading.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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