Legal Opinion · Concurring in part, dissenting in part

Wood v. Shepard

Ohio Supreme Court

Decided August 3, 1988No. 87-265Published

1Concurring in part, dissenting in partHolmes, J.

I agree with the majority in affirming the court of appeals on the issues of setoff and stacking. However, the majority misinterprets the legislative intent of Ohio’s wrongful death statute, R.C. 2125.02, in allowing a multiplicity of actions to be brought seeking damages arising *92out of the death of the appellants’ decedent.

The syllabus law of this opinion should be:

1. Where a wrongful death is asserted and an action is brought pursuant to Ohio’s wrongful death statute, R.C. 2125.02, although a surviving spouse, the children, the parents, and the next of kin of the decedent may be entitled to…

2Cases cited8 opinions

  1. Rubeck v. HuffmanOhio Supreme Court · 1978
  2. Dues v. HodgeOhio Supreme Court · 1988
  3. Auto-Owners Mutual Insurance v. LewisOhio Supreme Court · 1984
  4. MacKoul v. Fidelity & Cas. Co. of New YorkDistrict Court of Appeal of Florida · 1981
  5. Prem v. CoxOhio Supreme Court · 1983

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