Hitch v. Ohio Department of Mental Health

Peggy Bryant, Judge.

Defendant-appellant, Ohio Department of Mental Health (“ODMH”), appeals from a judgment of the Ohio Court of Claims in favor of plaintiff-appellee, Rosemarie Hitch, Administrator of the estate of Ben Wolanski, Jr. Plaintiff cross-appeals from the trial court’s damages award and its denial of prejudgment interest.

On December 8, 1992, Ben Wolanski died at the age of thirty-three. During his lifetime, he suffered from a seizure disorder, an organic personality disorder, and borderline intellectual functioning.

In June 1991, following several years of inpatient treatment at…