LEWIS v. OHIO DEPT. OF HEALTH

No. 90AP-36.

66 Ohio App.3d 761 (1990)

LEWIS et al., Appellants, v. OHIO DEPARTMENT OF HEALTH et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided June 12, 1990.


Attorney(s) appearing for the Case

Brown, Baker, Schlageter & Craig, Martin J. Holmes and Scott A. Winckowski, for appellants.

Anthony J. Celebrezze, Jr., Attorney General, and David C. Calderhead, for appellees.


MARTIN, Judge.

This is an appeal from a ruling by the Ohio Court of Claims sustaining appellees' motion, under Civ.R. 12(B)(6), to dismiss for failure to state a claim upon which relief could be granted.

On September 25, 1987, and for some considerable period before that, Josephine Lewis was a resident of the Manor Care Nursing Home located in Lucas County, Ohio. The nursing home was, at a time, a privately owned nursing care facility. Under R.C. 3721.01 ...

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