State ex rel. Evans v. McGrath
Annotate this CaseThe Supreme Court affirmed the judgment of the court of appeals dismissing the petition of Appellant for writs of mandamus and prohibition seeking to compel the court of claims judge to proceed with his medical malpractice lawsuit and to prevent the judge from dismissing the lawsuit. The court of appeals dismissed the petition. Thereafter, the court of claims judge dismissed Appellant’s case under Ohio R. Civ. P. 41(B)(2) for Appellant’s failure to present evidence to support his medical malpractice claim. The Supreme Court affirmed, holding that Appellant was not entitled to a writ of mandamus or prohibition because the issues raised by Appellant could be raised in his appeal from the dismissal of his medical malpractice suit.
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