Legal Opinion
Hutchings v. Childress
Ohio Supreme Court
Decided September 17, 2008No. Nos. 2006-1703 and 2006-2183PublishedCited by 6 opinions
1Opinion of the CourtPfeifer, J.
{¶ 1} The question certified to us by the Fifth District Court of Appeals is:
{¶ 2} “Whether spouses can recover the income lost due to one spouse caring for another or whether they may only recover the cost to hire outside home health care.”
{¶ 3} We hold that part of the injured spouse’s damages against a defendant can include the fair market value of the home health care provided by the uninjured spouse. Damages are measured not by the lost income of the supporting spouse but by the market value of the services he or she renders.
Factual and Procedural Background
{¶ 4} On January 8, 1999,…
2Cases cited10 opinions
- Pryor v. WebberOhio Supreme Court · 1970
- Keeth v. STATE, EX REL. DEPT. OF PUBLIC SAFETY & TRANSP.Louisiana Court of Appeal · 1993
- Clouston v. Remlinger Oldsmobile Cadillac, Inc.Ohio Supreme Court · 1970
- Pullman Palace Car Co. v. SmithTexas Supreme Court · 1890
- Kerns v. LewisMichigan Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. Ty Baker, Sr.Supreme Court of Vermont · 2017
- Fisher v. Univ. of Cincinnati Med. Ctr.Ohio Court of Appeals · 2015
- Ohio Central Railroad System v. Mason Law Firm Co.Ohio Court of Appeals · 2009
- McCombs v. Ohio Dept. of Dev. DisabilitiesOhio Court of Appeals · 2022
- State of Alaska v. Brennan Adam GrubbAlaska Supreme Court · 2024
1 more not listed; retrieve them via the Exa API.