consortium claim (Ohio) · Go Syfert
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consortium claim in Ohio

9 Ohio opinions name it 2 courts 1992–2013 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Villareal v. State, Dept. of Transp.green
ariz · 1989 · cited in 1 Ohio opinions naming this issue, 2005–2005
1 sentence

2005See Villareal v. Arizona Dept. of Trans., (Ariz. 1989), 774 P.2d 213 . {¶ 17} Civ.R. 19.1 expressly provides for compulsory joinder of persons bringing derivative claims like spousal consortium or a parent's consortium claim where a minor child is injured.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Bowen v. Kil-Kare, Inc. green
ohio · 1992
2 sentences

2013Bowen v. Kil–Kare, Inc., 63 Ohio St.3d 84 , 92–93, 585 N.E.2d 384 (1992).

1999The first assignment of error states: *86 “The trial court erred in granting summary judgment on the consortium claim of Sharon Mendelsohn and all claims against Habitat International because they were not parties to the waiver and release.” Here, citing Bowen v. Kil-Kare, Inc. (1992), 68 Ohio St.3d 84 , 585 N.E.2d 384 , Sharon claims that her loss-of-consortium claim should not be precluded by the waiver that Richard signed, and, therefore, the court erred in granting summary judgment on that claim.

41999–2013
Hershberger v. Akron City Hospital green
ohio · 1987
2 sentences

2006In Hershberger v. Akron City Hosp. (1987), 34 Ohio St.3d 1 , 516 N.E.2d 204 , paragraph two of the syllabus, the Ohio Supreme Court held: “The statute of limitations for a loss of consortium claim is initiated on the same date that the statute of limitations for the spouse’s medical malpractice claim begins to run.” The court disagreed with the lower court’s holding that a spouse’s consortium claim accrues when the alleged malpractice occurred.

2006In Hershberger v. Akron City Hosp. (1987), 34 Ohio St.3d 1 , 516 N.E.2d 204 , paragraph two of the syllabus, the Ohio Supreme Court held: “The statute of limitations for a loss of consortium claim is initiated on the same date that the statute of limitations for the spouse’s medical malpractice claim begins to run.” The court disagreed with the lower court’s holding that a spouse’s consortium claim accrues when the alleged malpractice occurred.

12006–2006
Viock v. Stowe-Woodward Co. green
ohioctapp · 1983
2 sentences

2006In Viock v. Stowe-Woodward Co. (1983), 13 Ohio App.3d 7, 16 , 13 OBR 8, 467 N.E.2d 1378 , 2 the court observed that a consortium claim may accrue at a different time from the injured spouse’s cause of action: We recognize that in many instances, * * * the accrual of the loss of consortium of one’s spouse will, necessarily, coincide with the accrual of that spouse’s cause of action.

2006In Viock v. Stowe-Woodward Co. (1983), 13 Ohio App.3d 7, 16 , 13 OBR 8, 467 N.E.2d 1378 , 2 the court observed that a consortium claim may accrue at a different time from the injured spouse’s cause of action: We recognize that in many instances, * * * the accrual of the loss of consortium of one’s spouse will, necessarily, coincide with the accrual of that spouse’s cause of action.

12006–2006
Dean v. Angelas green
ohio · 1970
1 sentence

2003Dean v. Angelas (1970), 24 Ohio St.2d 99 .

12003–2003
Schaefer v. Allstate Insurance green
ohio · 1996
1 sentence

2000Schaefer, supra , Hildebrandt, J., dissenting.

12000–2000
Lee v. Colorado Department of Health green
colo · 1986
1 sentence

1992The derivative approach avoids much of this potential for conflict * * Id. at 232 .

11992–1992

Where else courts name it

CT 30 (1979–2019) FL 23 (1979–2022) LA 21 (1985–2013) IL 19 (1970–2026) PA 18 (1979–2014) MO 13 (1985–2021) IA 13 (1984–2024) MA 12 (1971–2024) ME 10 (1984–2025) NJ 10 (1965–2015) OH 9 (1992–2013) NY 9 (1976–2012) MI 7 (1980–1992) GA 7 (1991–2022) KY 6 (1966–2026) MS 6 (1985–2018) WA 5 (1984–2018) CA 5 (1974–2005) MT 5 (1986–2014) MD 4 (1967–1995) MN 4 (1989–1991) TX 3 (1997–2005) AK 3 (1975–1988) DE 3 (1988–2022) WV 3 (1995–2001) NE 3 (1993–2006) VT 3 (1998–2026) IN 3 (1988–2001) DC 2 (1981–2009) AZ 2 (1998–2019) AL 2 (1986–1997) NC 2 (1988–1990) CO 2 (1986–1995)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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