Stewart v. Vivian

• Decision Date: 14 September 2016
• Docket Number: NO. 2016-1013,2016-1013
• Citation: 58 N.E.3d 1173 (Table),146 Ohio St.3d 1501
• Parties: Stewart v. Vivian
• Court: Ohio Supreme Court

146 Ohio St.3d 1501

58 N.E.3d 1173 (Table)

Stewart

v.Vivian

NO. 2016-1013

Supreme Court of Ohio

September 14, 2016

Clermont App. No. CA2015–05–039, 2016-Ohio-2892

. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page two of the court of appeals' entry filed July 7, 2016:

“Whether a health care provider's statements of fault or statements admitting liability made during the course of apologizing or commiserating with a patient or the patient's family are prohibited from admission of evidence in a civil action under Ohio's apology statute, R.C. 2317.43

.”

The conflict case is Davis v. Wooster Orthopaedics and Sports Med., Inc. , 193 Ohio App.3d 581, 2011-Ohio-3199 (9th Dist.)

.

It is ordered by the court that the clerk shall issue an order for the transmittal of the record from the Court of Appeals for Clermont County.

O'Donnell and French , JJ., dissent.