res ipsa loquitur is not applicable doctrine (Ohio) · Go Syfert
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res ipsa loquitur is not applicable doctrine in Ohio

8 Ohio opinions name it 2 courts 1948–2025 1 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Ohio.

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
Oberlin v. Friedman green
ohio · 1965
2 sentences

1985This court has not only frowned upon but prohibited the utilization of the doctrine in such a manner in Oberlin v. Friedman (1965), 5 Ohio St. 2d 1 [ 34 O.O.2d 1 ], where paragraph three of the syllabus states: “Generally, the doctrine of res ipsa loquitur is not applicable in malpractice actions in which its claimed applicability is based solely upon the fact that the treatment was unsuccessful or terminated with poor or unfortunate results.” This court should continue to prohibit the use of the doctrine under circumstances as presented by this case.

1985This court has not only frowned upon but prohibited the utilization of the doctrine in such a manner in Oberlin v. Friedman (1965), 5 Ohio St. 2d 1 [ 34 O.O.2d 1 ], where paragraph three of the syllabus states: “Generally, the doctrine of res ipsa loquitur is not applicable in malpractice actions in which its claimed applicability is based solely upon the fact that the treatment was unsuccessful or terminated with poor or unfortunate results.” This court should continue to prohibit the use of the doctrine under circumstances as presented by this case.

21969–1985
Winslow v. Ohio Bus Line Co. green
· 1947
2 sentences

1956Winslow v. Ohio Bus Line Co., 148 Ohio St. 101 , 73 N.E.2d 504 .

1948The doctrine of res ipsa loquitur is not applicable in a case where the petition and proof disclose that plaintiff had knowledge of the facts and circumstances showing the claimed negligence of defendant. ’ ’ Winslow v. Ohio Bus Line Co., 148 Ohio St., 101 , 73 N. E. (2d), 504.

21948–1956
Estate of Hall v. Akron General Medical Center green
ohio · 2010
1 sentence

2025“This is not a situation where it can be said ‘the thing speaks for itself.’ ” Estate of Hall, 2010-Ohio-1041 at ¶ 35 . {¶34} Appellant’s second assignment of error is overruled.

12025–2025
Renneckar v. Canton Terminal Restaurant, Inc. green
· 1947
1 sentence

1964Renneckar v. Canton Terminal Restaurant, Inc., 148 Ohio St., 119 ; 39 Ohio Jurisprudence (2d), 742, Negligence, Section 153.

11964–1964
Fink v. New York Central Rd. green
· 1944
1 sentence

1961Co., 144 Ohio St., 1 , 7: “In some jurisdictions it is held that a plaintiff who relies upon the rule of res ipsa loquitur is not permitted to plead specific acts of negligence in his petition.

11961–1961
Pierce v. Gooding Amusement Co. neutral
ohioctapp · 1949
1 sentence

1949This doctrine has been recently the subject of much oral, as well as written dissertation, including an opinion released by this court October 17, 1949, Pierce v. The Gooding Amusement Co., No. 4244, Franklin County. ( 55 Abs 556 .) Without extended discussion we are satisfied to say that if the doctrine could be given application to the facts developed the question here presented has been determined by our own Supreme Court in the late case of Winslow v. The Ohio Bus Line Company, et al., 148 Oh St 101, and the first syllabus thereof, which reads: “The doctrine of res ipsa loquitur is not app

11949–1949

Where else courts name it

NY 19 (1951–2020) LA 17 (1938–2007) NC 15 (1935–2004) TX 11 (1962–2018) CA 11 (1934–1967) AL 11 (1990–2015) IL 10 (1912–2019) MO 9 (1941–2008) GA 9 (1939–1998) OH 8 (1948–2025) NE 8 (1968–2025) CT 5 (1940–1997) FL 4 (1914–1970) MA 4 (1934–1982) WY 4 (1970–1976) WI 4 (1927–1964) WA 4 (1948–2003) WV 3 (1934–1989) DC 3 (1970–2021) PR 3 (1955–1971) AR 3 (1986–1994) PA 3 (1935–1943) OK 2 (1967–1972) DE 2 (1953–1972)

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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