Summary
Ohio State University Hospital v. Kinkaid, 48 Ohio St. 3d 78 (1990), holds that a wife is liable for her husband’s medical expenses incurred before his death when his assets are insufficient to pay, based on a plain-language reading of R.C. 3103.03. The court ruled that the statute imposes a duty on a wife to support her husband if he is unable to support himself, and that medical expenses qualify as “necessaries” included in the definition of support. The decision reversed the court of appeals and remanded for further proceedings.
Holdings
- Yes. Under R.C. 3103.03, a wife must aid in the support of her husband to the extent she is able, and medical expenses are necessaries included as part of support.
Questions Presented
- Whether a wife is liable for the payment of hospital or medical expenses incurred by her husband before his death when, at the husband's death, his assets are insufficient to pay such expenses.
Disposition
reversed_and_remanded
Cases Cited (7)
- Dean v. Angelas, 24 Ohio St. 2d 99, 264 N.E.2d 911 (1970)(positive)
- Tille v. Finley, 126 Ohio St. 578, 186 N.E. 448 (1933)(distinguished)
- Riverside Methodist Hosp. v. Payne, 48 Ohio App. 3d 123, 548 N.E.2d 987 (1988)(distinguished)
- Slingluff v. Weaver, 66 Ohio St. 621, 64 N.E. 574 (1902)(positive)
- Cleveland Elec. Illum. Co. v. Cleveland, 37 Ohio St. 3d 50, 524 N.E.2d 441 (1988)(positive)
- Cleveland Metro. Gen. Hosp. v. Oleksik, 38 Ohio App. 3d 21, 525 N.E.2d 831 (1987)(disapproved)
- In re Rauscher, 40 Ohio App. 3d 106, 531 N.E.2d 745 (1987)(disapproved)
Cited In (0)
No citing cases on record yet.
Court Document
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