Causes of Action
STANDARD OF CARE IN OHIO
Vahila v. Hall, 77 Ohio St.3d 421, 674 N.E.2d 1164 (1997).
Environmental Network Corp. v. Goodman Weiss Miller, L.L.P., 119 Ohio St.3d 209, 2008-Ohio-3833, 893 N.E.2d 173 (2008).
Breach of contract
A. You must establish the duty, breach of duty and proximate causation of damages. Duty to exercise ordinary skill and knowledge.
Vahila v. Hall, 77 Ohio St. 3d 421 (1997) Vahila rejected the suggestion that every malpractice plaintiff was required to prove as a prerequisite to the claim that your client would have prevailed (as in example) in a trial of the matter entrusted to the attorney but for the attorney’s negligence.
It stands for the proposition that a case within a case is not always required, but Vahila did not answer with enough clarity, what is required when proof of a case within a case is not required.
Paterek v. Petersen & Ibold, 11th Dist. No. 2005-G-2624, 2006-Ohio-4179. Majority conclusion that all limitations on the tortfeasor’s collectability were of no moment. The Supreme Court reversed so it will be argued that the collectablity of the tortfeasors in the underlying case is a issue. Paterek v. Petersen & Ibold, 118 Ohio St. 3d 503; 2008-Ohio-2790, 890 N.E.2d 316.
How does Vahila look after Environmental Network Corp?