Opinion
Nos. 2003-0363 and 2003-0457.
Submitted October 13, 2004.
Decided November 17, 2004.
Appeal from and Certified by the Court of Appeals for Cuyahoga County, No. 80509, 2003-Ohio-278.
Berns, Ockner Greenberger, L.L.C., Sheldon I. Berns and Paul M. Greenberger, for appellants.
Vorys, Sater, Seymour Pease, L.L.P., F. James Foley and Lisa Babish Forbes, for appellee.
{¶ 1} The judgment of the court of appeals is reversed and the cause is remanded for disposition in accordance with Katz v. Ohio Ins. Guar. Assn., 103 Ohio St.3d 4, 2004-Ohio-4109, 812 N.E.2d 1266.
MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, O'CONNOR and O'Donnell, JJ., concur.
LUNDBERG STRATTON, J., dissents.
{¶ 2} Because I agree with the analysis of the court of appeals that only one covered claim exists for purposes of Ohio Insurance Guaranty Association's ("OIGA") exposure, I respectfully dissent. In Katz v. Ohio Ins. Guar. Assn., 103 Ohio St.3d 4, 2004-Ohio-4109, 812 N.E.2d 1266, I dissented from that part of the majority's judgment that obligated OIGA to pay more than the statutory maximum limit of $300,000 for one medical malpractice action. For the same reasons here, I do not agree that OIGA should be obligated for more than one covered claim in this matter.