Opinion

Wilfong v. Batdorf

  • 6 Ohio St. 3d 100
  • 6 Ohio B. 162
  • 451 N.E.2d 1185
  • 1983 Ohio LEXIS 787
Court
Ohio Supreme Court
Filed
Aug 3, 1983
Status
Published
Author
Celebrezze
On the bench
Brown, Celebrezze, Holmes, Locher, Sweeney
Cited by
68 cases
Authority
More cited than 15.1%

Overruled on other grounds by Van Fossen v. Babcock & Wilcox Co., 36 Ohio St. 3d 100 (1988)

overruling Viers v. Dunlap [1982], 1 Ohio St. 3d 173, and Straub v. Voss [1982], 1 Ohio St. 3d 182.

How later courts described this case

  • overruling Viers v. Dunlap [1982], 1 Ohio St. 3d 173, and Straub v. Voss [1982], 1 Ohio St. 3d 182.
  • comparative negligence statute applies retroactively to claims arising before but tried after its passage
  • retroactively applying the Ohio comparative negligence law

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Van Fossen v. Babcock & Wilcox Co., 36 Ohio St. 3d 100 (1988)

    (1983), 6 Ohio St.3d 100, 6 OBR 162, 451 N.E.2d 1185, overruled on other grounds by Van Fossen v. Babcock & Wilcox Co. (1988), 36 Ohio St.3d 100, 522 N.E.2d 489.
    Ohio Supreme CourtApr 13, 19883 citing opinionsother groundsRead it

The opinion

J. P. Celebrezze, J.,

concurring. Our decision today by overruling Viers v. Dunlap (1982), 1 Ohio St. 3d 173 and Straub v. Voss (1982), 1 Ohio St. 3d 182 , continues in our path of advanced judicial thinking, improving the quality of law in Ohio for all. So often when this occurs we find muttering and grumbling containing nonsense about a revolving door treatment of stare decisis. The implication in such view is that any recent legal precedent of this court containing bad law should not be overruled. This is not the correct meaning of stare decisis. Bad law created by a court, even though only a day old, should be overruled by the creating court as soon as it recognizes the bad law.

This enlightened judicial thinking can be epitomized in a few excerpts from an opinion of a learned jurist of this court many years ago. Judge Wanamaker in Adams Express Co. v. Beckwith (1919), 100 Ohio St. 348 , at page 352, stated:

“A decided case is worth as much as it weighs in reason and righteousness, and no more. It is not enough to say ‘thus saith the court.’ It must prove its right to control in any given situation by the degree in which it supports the rights of a party violated and serves the cause of justice as to all parties concerned.”

Similar advanced, progressive judicial thought has been expressed in Baker v. McKnight (1983), 4 Ohio St. 3d 125 , concurring opinion, Clifford F. Brown, J., at page 130; Blankenship v. Cincinnati Milacron Chemicals (1982), 69 Ohio St. 2d 608 [ 23 O.O.3d 504 ], concurring opinion, Clifford F. Brown, J., at page 618; Bonkowsky v. Bonkowsky (1982), 69 Ohio St. 2d 152 [ 23 O.O.3d 188 ], dissenting opinion, William B. Brown, J., at page 165; Shroades v. Rental Homes (1981), 68 Ohio St. 2d 20 [ 22 O.O.3d 152 ], concurring opinion, Clifford F. Brown, J., at pages 28-29; and Thrash v. Hill (1980), 63 Ohio St. 2d 178 [ 17 O.O.3d 109 ], dissenting opinion, Sweeney, J., at page 184.

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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