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· 2/22/2024

Kittis v. Cleveland Clinic Found.

Citations

  • 236 N.E.3d 931
  • 2024 Ohio 659

Syllabus

Motion in limine Evid.R. 702 medical malpractice medical expert testimony proximate cause motion for summary judgment and Civ.R. 56. Where the plaintiff-appellant's medical expert's opinion was rendered with the requisite medical probability and sufficiently described proximate cause, the trial court abused its discretion when it granted defendants-appellees' motion in limine to exclude the medical expert's opinion testimony on causation. Where the plaintiff-appellant's medical expert testimony created genuine issues of material fact as to whether the defendants-appellees' acts were the proximate cause of the deceased's injuries and death, the trial court erred when it granted defendants-appellees' motion for summary judgment.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that use of physical force by interrogators creates heavy presumption, if not per se rule, that there has been a violation of due process
  • striking suspect and threatening him with physical abuse caused both his confession and that of his co-defendant to be stricken as involuntary
  • officer struck defendant, failed to take steps to change coercive environment, and other detective threatened defendant
  • The use of physical force by interrogators creates a heavy presumption, if not a per se rule, that there has been a violation of due process.

Source: CourtListener parenthetical corpus (CC0).

Judges: Kilbane

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.