Longbottom v. Mercy Hosp. Clermont

In 2003, Kyle Smith's parents sued Dr. Gary Huber and Qualified Emergency Specialists, Inc. for malpractice after Kyle sustained serious and permanent injuries from an epidural hematoma that Hubert failed to diagnose. Prior to trial, Plaintiffs voluntarily filed a notice of dismissal. Plaintiffs refiled the action in 2008 and eventually added Kyle as a party. The trial court awarded damages and prejudgment interest. In calculating prejudgment interest, the court applied the version of Ohio Rev. Code 1343.03(C) that existed at the time the complaint was filed, concluding that subsequent amendments to the statute applied prospectively only. The court of appeals affirmed the award of prejudgment interest but reversed the trial court's decision to suspend the accrual of prejudgment interest from the date of the voluntary dismissal to the refiling of the complaint. The Supreme Court reversed, holding (1) section 1343.03(C) applies to tort actions filed after June 2, 2004, regardless of when the cause of action accrued; and (2) because the refiled complaint was filed after the legislation had gone into effect, the amended version of the statute applied in this case. View "Longbottom v. Mercy Hosp. Clermont" on Justia Law