HOFFMAN v. DAVIDSON

No. 85-1762.

31 Ohio St. 3d 60 (1987)

HOFFMAN ET AL., APPELLANTS, v. DAVIDSON, APPELLEE.

Supreme Court of Ohio.

Decided June 10, 1987.


Attorney(s) appearing for the Case

Richard D. Goldberg and William Ramage, for appellants.

Harrington, Huxley & Smith, Susan Stanton Katz and John T. Dellick, for appellee.


MOYER, C.J.

The first issue presented by this appeal is whether summary judgment was properly granted where the plaintiffs-appellants failed to file opposing affidavits to establish that a genuine issue of material fact existed regarding whether Dr. Davidson breached a duty of care owed to Marie Hoffman.

Civ. R. 56(E) provides:

"* * * When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon...

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