Opinion

Mast v. Doctor's Hospital North

46 Ohio St. 2d 539
75 Ohio Op. 2d 556
350 N.E.2d 429
1976 Ohio LEXIS 662

Court: Ohio Supreme Court
Filed: Jun 30, 1976
Status: Published
Author: Stern
On the bench: Brow, Brown, Celebrezze, Corrigan, Herbert, Neill, Stern
Cited by: 28 cases
Authority: More cited than 15.1%

authorizing a court of appeals in its discretion to order the retrial of only those issues, claims or defenses which resulted in prejudicial error, and to allow issues tried free from error to stand

How later courts described this case

authorizing a court of appeals in its discretion to order the retrial of only those issues, claims or defenses which resulted in prejudicial error, and to allow issues tried free from error to stand
remanding case for limited trial only on damages issues

Written by the judges who cited it.

The opinion

Stern, J.,

concurring in part and dissenting in part.

I agree that the cause be remanded. However, I am of the opinion that, in remanding the cause, it should be retried on all issues, on the basis of Markota v. East Ohio Gas Co. (1951), 154 Ohio St. 546 , and Edelstein v. Kidwell (1942), 139 Ohio St. 595 .

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.