Davis v. Mercy St. Vincent Med. Ctr.

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Justia Opinion Summary

The Supreme Court of Ohio dealt with a case involving the plaintiff, who was acting both individually and as the executor of an estate, and the defendants, which included a medical center and various medical professionals. However, the opinion provides very little information about the specific facts of the case or the legal issues at stake. The Supreme Court of Ohio reversed the judgment of the Sixth District Court of Appeals, relying on the authority of a prior case, Everhart v. Coshocton Cty. Mem. Hosp. The case was then remanded back to the Court of Appeals to consider arguments that it had previously declined to address. The specific nature of these arguments, and the reasons for the Court of Appeals' initial refusal to consider them, are not provided in the opinion. As such, the precise holding of the Supreme Court of Ohio in this case cannot be determined from the available information.

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Davis v. Mercy St. Vincent Med. Ctr., Slip Opinion No. 2023-Ohio-4723.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2023-OHIO-4723 DAVIS, INDIVIDUALLY AND AS EXR. OF THE ESTATE OF DAVIS, ET AL., APPELLEES, v. MERCY ST. VINCENT MEDICAL CENTER ET AL., APPELLANTS. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Davis v. Mercy St. Vincent Med. Ctr., Slip Opinion No. 2023-Ohio-4723.] Court of appeals’ judgment reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp. and cause remanded. (Nos. 2022-0460 and 2022-0658 Submitted December 20, 2023 Decided December 28, 2023.) APPEAL from and CERTIFIED by the Court of Appeals for Lucas County, No. L-21-1095, 2022-Ohio-1266. __________________ {¶ 1} The judgment of the Sixth District Court of Appeals is reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp., __ Ohio St.3d __, 2023-Ohio4670, __ N.E.3d __, and the cause is remanded to that court for it to consider appellees’ arguments that it previously declined to address. SUPREME COURT OF OHIO KENNEDY, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, BRUNNER, and DETERS, JJ., concur. _________________ Gary W. Osborne and Jack S. Leizerman, for appellees, Donald A. Davis and Dustin Davis. Robison, Curphey, & O’Connell, L.L.C., Julia Smith Wiley, and Kayla L. Henderson, for appellant Mercy St. Vincent Medical Center. Reminger Co., L.P.A., Taylor C. Knight, and Erin Siebenhar Hess, for appellants Fayyaz H. Hashmi, M.D., Mercy Health North, L.L.C., f.k.a. Mercy Health System-Northern Region, and Mercy Medical Partners, Northern Region, L.L.C. _________________ 2

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