Manchise v. Ionna
2013 Ohio 3612
Ohio Ct. App.2013Background
- Manchise sued Dr. Ionna and related providers for medical malpractice after his wife died from bowel obstruction.
- Manchise settled with Dr. Lankin shortly before trial; defendants later included Mercy Hospital and others.
- The jury found Manchise’s damages of $111,523.37 and apportioned 65% to Lankin and 35% to Ionna, leading the trial court to reduce Ionna’s liability to 35% of the total award.
- The trial court issued apportionment under R.C. 2307.22 based on jury answers to interrogatories about Lankin’s contributory fault.
- Manchise challenged the interrogatories, arguing Dr. Ionna had not pled contributory fault or a comparative-fault defense.
- Court affirmatively held no error, applying plain-error standards and permissive pleading of comparative fault under Ohio law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether interrogatories on Lankin’s fault were proper without a pretrial contributory-fault pleading | Manchise argues Ionna hadn’t pled contributory fault | Ionna contends Civ.R. 8(C) and R.C. 2703.23(C) allow, and Lankin was a party | No error; not plain error; Civ.R. 8/C and R.C. 2703.23(C) permit |
| Whether testimony and cross-examination adequately established Lankin’s negligence without expert testimony | Manchise contends no expert on Lankin’s negligence was presented | Dr. Cappell cross-examined supported standard-of-care evidence; permissible | Court did not abuse discretion in permitting Cappell’s testimony |
Key Cases Cited
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain-error review standard in trial-error preservation)
- Schade v. Carnegie Body Co., 70 Ohio St.2d 207 (1982) (avoidable-errors rule for appellate review)
- Chandler v. Gen. Motors Acceptance Corp., 68 Ohio App.2d 30 (1980) (consent and pleading requirements under Civ.R. 15(B))