Trial Practice Cases: Subrogation

(Supreme Court)

Click on the case name to read the decision on the Ohio Supreme Court's web site. Decisions which adopt the decision of a lower court or Magistrate, or which decide a case based on a previous decision, are excluded.

Groch v. Gen. Motors Corp. (2/21/08)

Workers' compensation subrogation statute does not violate the Ohio Constitution's takings clause (Art. I, Sec. 19), due process and remedies clause (Art. I, Sec. 16), or equal protection clause (Art. I, Sec. 2).

Vote: 4-0, 1 concurs in answers to certified questions only, 1 concurs in answers to certified questions and concurs in opinion in part, 1 concurs in part and dissents in part
Opinion by: O'Connor

Holeton v. Crouse Cartage Co. (6/27/01)

Subrogation statute, R.C. 4123.931, declared unconstitutional.

Vote: 4-3
Opinion by: Justice Resnick

Laidlaw Waste Sys., Inc. v. Consol. Rail Corp. (5/12/99)

Effective date of former R.C. 4123.93 (dealing with subrogation) was October 20, 1993.

Vote: 4-3
Opinion by: Justice Lundberg Stratton

Modzelewski v. Yellow Freight Sys., Inc. (5/26/04)

Former subrogation statute (R.C. 4123.93) is unconstitutional.

Vote: 3-2, 2 concur in judgment
Opinion by: Justice Resnick

Ohio Bur. of Workers’ Comp. v. McKinley (9/7/11)

Six year statute of limitations applies to a claim by an R.C. 4123.931 statutory subrogee seeking to recover its subrogation interest.

Vote: 6-0, 1 concurs in judgment
Opinion by: Cupp