Legal Opinion
Brookbank v. Gray
Ohio Supreme Court
Decided January 17, 1996No. Nos. 94-1945 and 94-1946PublishedCited by 15 opinions
1Opinion of the CourtAlice Robie Resnick, J.
The primary issue confronting the court is whether a child born out of wedlock is foreclosed from recovering damages for the wrongful death of his or her putative father, where paternity had not been established during the putative father’s lifetime.
R.C. 2125.02(A)(1)1 provides that an action for wrongful death shall be brought for the exclusive benefit of, among others, the “children * * * of the decedent.” The term “children,” however, is nowhere defined in the Wrongful Death Act, R.C. Chapter 2125. Ohio courts of appeals have, until this case, filled this gap by holding that unrecognized…
2Cases cited57 opinions
- Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
- Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
- Trimble v. GordonSupreme Court of the United States · 1977
- Clark v. JeterSupreme Court of the United States · 1988
- Gomez v. PerezSupreme Court of the United States · 1973
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3Cited by15 opinions
- Eppley v. Tri-Valley Local School District Board of EducationOhio Supreme Court · 2009
- Sarmiento v. Grange Mutual Casualty Co.Ohio Supreme Court · 2005
- Pula v. Pula-BranchOhio Supreme Court · 2011
- Byrd v. TrennorOhio Court of Appeals · 2004
- In re Estate of VaughanOhio Supreme Court · 2001
10 more not listed; retrieve them via the Exa API.