Thomson v. OHIC Insurance

{¶ 22} The majority misapplies Katz v. Ohio Ins. Guar. Assn., 103 Ohio St.3d 4, 2004-Ohio-4109, 812 N.E.2d 1266, a wrongful-death case wrongfully decided. I dissented from the portion of Katz that held that wrongful-death plaintiffs in medical-malpractice cases should be treated differently from those in automobile-accident cases. Wrongful-death plaintiffs are statutorily presumed to have suffered their own injuries, without regard to how the decedent died. Nothing in the wrongful-death statutes makes any distinction about treating survivors differently based solely on the manner of the…