DRESHER v. BURT

No. 94-2612.

75 Ohio St.3d 280 (1996)

DRESHER ET AL., APPELLEES, v. BURT; ST. ELIZABETH MEDICAL CENTER, APPELLANT.

Supreme Court of Ohio.

Decided March 6, 1996.


Attorney(s) appearing for the Case

Sambol & Associates and Marylee Gill Sambol, for appellees.

Dinsmore & Shohl, K.C. Green, Deborah R. Lydon and Sara Sinrall Rorer, for appellant.

Dale E. Creech, Jr., urging reversal for amicus curiae, Ohio Association of Civil Trial Attorneys.

Bricker & Eckler, James J. Hughes, Jr., and Catherine M. Ballard, urging reversal for amicus curiae, Ohio Hospital Association.


DOUGLAS, J.

The sole issue in this appeal involves the standards for granting summary judgment when the moving party asserts that the nonmoving party has no evidence to establish an essential element of the nonmoving party's case. In particular, the issue certified to this court by the Court of Appeals for Montgomery County is, "[m]ay a court grant summary judgment when neither the movant nor the non-movant provides evidentiary materials demonstrating that...

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