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DAVIS v. IMMEDIATE MED. SERV.

No. 96-203.

80 Ohio St.3d 10 (1997)

DAVIS, ADMR., APPELLEE AND CROSS-APPELLANT, v. IMMEDIATE MEDICAL SERVICES, INC. ET AL., CROSS-APPELLEES; EM CARE OF ALLIANCE, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 8, 1997.

Attorney(s) appearing for the Case

Tzangas, Plakas & Mannos, Lee E. Plakas and Christopher M. Huryn, for appellee and cross-appellant, Evelyn Davis.

Buckingham, Doolittle & Burroughs, Gary A. Banas, Marlene C. Gebauer and Christopher S. Humphrey, for appellant Alliance Immediate Care, Inc., and cross-appellee, Barbara Guarnieri, M.D.

Jacobsen, Maynard, Tuschman & Kalur, Janis L. Small, R. Mark Jones and William A. Davis, for appellant EM Care of Alliance, Inc.

Jacobsen, Maynard, Tuschman & Kalur, John A. Simon and John S. Polito, for cross-appellee Immediate Medical Services, Inc.

FRANCIS E. SWEENEY, SR., J.

In this case, we are asked to determine whether a default judgment can be entered against a defendant who was ultimately found not negligent at trial. We also look at the applicability of Civ.R. 6(B)(2) with respect to the propriety of default judgment. In addition, we examine the admissibility of evidence of bias stemming from commonality of insurance between the witness and a malpractice defendant. For the following reasons, we affirm...

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