Today we filed a merits brief in the Ohio Supreme Court on behalf of the appellant in Stewart v. Vivian. You can read the brief here. The supplement is here.
Stewart is a certified conflict case from the Twelfth District that was accepted by the Supreme Court in September. The question presented is whether R.C. 2317.43, which renders inadmissible statements of "apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence" made by the defendant in a medical malpractice case, also renders inadmissible statements of fault, error, or liability made by the defendant. The Twelfth District earlier this year held that the answer was yes. The Ninth District in 2011 held that the answer was no.
The case is expected to be fully briefed by early next year, with an argument in the spring.
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