Legal Opinion · Dissent

Carter v. Reese (Slip Opinion)

Ohio Supreme Court

Decided August 30, 2016No. 2015-0108Published

1Dissent

O’Connor, C J.,

dissenting.

{¶ 42} I agree with the majority’s holding that R.C. 2305.23 applies to any person who administers emergency care or treatment. But I dissent from the remainder of the opinion and syllabus, including the majority’s holding that an “emergency” for purposes of R.C. 2305.23 requires “an unforeseen combination of circumstances” and its affirmation of the use of summary judgment to determine the applicability of the statute to the facts of this case.

{¶ 43} I would hold that the definition of an “emergency” includes sudden events or circumstances that require urgent or…

2Cases cited22 opinions

  1. Colbert v. City of ClevelandOhio Supreme Court · 2003
  2. Primes v. TylerOhio Supreme Court · 1975
  3. Jefferson County School District R-1 v. Justus ex rel. JustusSupreme Court of Colorado · 1986
  4. Goolsbee v. Texas & New Orleans RailroadTexas Supreme Court · 1951
  5. State ex rel. Portage Lakes Edn. Assn., OEA/NEA v. State Emp. Relations Bd.Ohio Supreme Court · 2002

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