Johnston v. Univ. Mednet - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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Johnston, Admr., Appellant, v. University Mednet et al.,
Appellees.
[Cite as Johnston v. Univ. Mednet (1995), Ohio St.3d .]
Medical malpractice -- Liability insurance -- Evidence --
Commonality of insurance interests between defendant and
expert witness outweighs any potential prejudice evidence
of insurance might cause -- Evid.R. 411, applied.
(No. 94-2066 -- Submitted January 10, 1995 -- Decided
March 15, 1995.)
Appeal from the Court of Appeals for Cuyahoga County, No.
65623.

Michael F. Becker Co., L.P.A., Michael F. Becker and
Jeanne M. Tosti, for appellant.
Jacobson, Maynard, Tuschman & Kalur, John V. Jackson II,
Joseph A. Farchione and Douglas G. Leak, for appellees.

The discretionary appeal is allowed. The judgment of the
court of appeals is reversed, and the cause is remanded to the
trial court on the authority of Ede v. Atrium S. OB-GYN, Inc.
(1994), 71 Ohio St.3d 124, 642 N.E.2d 365.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer,
JJ., concur.
Wright, J., dissents for the reasons stated in his
dissenting opinion in Ede v. Atrium S. OB-GYN, Inc. (1994), 71
Ohio St.3d 124, 128-131, 642 N.E.2d 365, 369-370.
Cook, J., dissents.