Opinion

Simmerer v. Dabbas

  • 89 Ohio St. 3d 586
  • 733 N.E.2d 1169
Court
Ohio Supreme Court
Filed
Sep 6, 2000
Status
Published
Author
Resnick
On the bench
Cook, Douglas, Iiper, Moyer, Only, Pfeifer, Resnick, Stratton, Sweeney, Syllabus
Cited by
13 cases
Authority
More cited than 15.2%

denying unforeseeable damages resulting from negligent sterilization

How later courts described this case

  • denying unforeseeable damages resulting from negligent sterilization

Written by the judges who cited it.

The opinion

Alice Robie Resnick, J.,

dissenting. I would reverse the judgment of the court of appeals and remand this cause to the trial court. I believe that, under the standards of Civ.R. 56(C), appellants have succeeded in raising a jury question on their claim for medical damages. This case is distinguishable from Johnson v. Univ. Hosp. of Cleveland (1989), 44 Ohio St.3d 49 , 540 N.E.2d 1370 , in that this case does not involve a “normal, healthy child.” See id. at paragraph two of the syllabus.

Douglas and F.E. Sweeney, JJ., concur in the foregoing dissenting opinion.

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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