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← 165 OHIOAPP3D 56 - Schutte v. Mooney

Schutte v. Mooney’s Empirical Analysis

2006

Citation profile

9
cited by 9 later decisions
1
states following
April 2022
most recently cited

9 state decisions

How this case has been cited

Cited by 9 later decisions — most recently April 2022

9 state decisions

40200620102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp. · Alexander v. Mt. Carmel Medical Center · Gallagher v. Cleveland Browns Football Co. · Dardinger v. Anthem Blue Cross & Blue Shield · Ishler v. Miller

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “It is well established that the expert witness need not be the best witness on the subject. Alexander [ v. Mt. Carmel Med. Ctr . (1978), 56 Ohio St.2d 155 ], at 159, 383 N.E.2d 564 . "[T]he test of admissibility is whether a particular witness offered as an expert will aid the trier of fact in the search of the truth." Ishler v. Miller (1978), 56 Ohio St.2d 447 , 453, 10 O.O.3d 539 , 384 N.E.2d 296 . Whether a witness is qualified to testify as an expert is a matter for the court to determine pursuant to Evid.R.104 (A). Bedard v. Gardner, Montgomery App. No. 20430, 2005-Ohio-4196 [ 2005 WL 1939820 ], ¶ 58. The competency of the proposed expert witness is a matter left to the discretion of the trial court, and the court's ruling will be reversed only for an abuse of discretion. Alexander , 56 Ohio St.2d at 157 , 10 O.O.3d 332 , 383 N.E.2d 564 .”
    1 later decision quote this exact passage · from the concurrence
  2. “indicated that he was qualified to testify to the standard of care required of emergency-room physicians who are presented with symptoms of DVT.”
    1 later decision quote this exact passage · from the concurrence
  3. “any difference in how the problem would be approached from one specialty to another.”
    1 later decision quote this exact passage · from the concurrence

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.