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Accident with Government Employee

By stream9 | Personal-Injury

It is more difficult to sue a governmental agency or an individual working in their capacity as a governmental job.  This is because governments are entitled to a type of protection known as “qualified immunity.” (also known as “sovereign immunity” or “governmental immunity”).  In the State of Ohio, governments and their employees are protected by Ohio Revised Code section 2744; whereas the federal government is protected by the Federal Tort Claims Act, 28 U.S.C. 1346.

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Co-employee Negligence

By stream9 | Personal-Injury

The Eighth District Court of Appeals has upheld the trial court’s determination that the defendant, Tom Sobhani, was entitled to summary judgment because of the co-employee immunity rule set forth in O.R.C. 4123.741.  Because the plaintiff was precluded from recovering against Sobhani, they were not entitled to recover under their Underinsured Motorists Insurance policy.

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Medical Malpractice Statute of Limitations in Ohio

By stream9 | Personal-Injury

The Seventh District Court of Appeals ruled that the trial court did not err when they granted a motion for summary judgment in favor of the doctor-defendant and hospital.  The Appellee contended that the cognizable event was the amputation of the appellant’s leg.  The Appellants argued that because the appellee had suspicion regarding the doctor’s ability to properly treat his wound prior to the amputation that the cognizable event occurred prior to the date of the amputation.  The Court agreed and ruled that the suspicion combined with the appellant’s refusal to be treated by the doctor constituted a cognizable event that would alert a reasonable person to the need to investigate the cause of the amputation.

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