Legal Opinion

Buerger v. Ohio Department of Rehabilitation & Correction

Ohio Court of Appeals

Decided December 26, 1989No. 89AP-175PublishedCited by 20 opinions

1Opinion of the Court

Reilly, Judge.

This is an appeal from a judgment of the Court of Claims of Ohio dismissing plaintiff’s complaint against defendant on the basis that plaintiff failed to present expert testimony at trial to show that the medical treatment rendered to him fell below the required standard of care. Plaintiff, pro se, asserts two assignments of error:

“I. It is error for a trial court to direct a verdict for the defendant where, in a malpractice case, the verdict is pre-determined and determined by failure of defendant to comply with due process standard of presenting witnesses named by defendant.
“II…

2Cases cited9 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Bruni v. TatsumiOhio Supreme Court · 1976
  3. Whiteleather v. YosowitzOhio Court of Appeals · 1983
  4. Atkins v. HumesSupreme Court of Florida · 1959
  5. Hubach v. ColeOhio Supreme Court · 1938

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3Cited by20 opinions

  1. Moore v. Ohio Department of Rehabilitation & CorrectionOhio Court of Appeals · 1993
  2. Rogoff v. KingOhio Court of Appeals · 1993
  3. Chalmers v. HCR Manorcare, Inc.Ohio Court of Appeals · 2017
  4. Culp v. OlukogaOhio Court of Appeals · 2013
  5. Foy v. Ohio Dept. of Rehab. & Corr.Ohio Court of Appeals · 2017

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