LOWNSBURY v. VANBUREN

No. 00-1655.

94 Ohio St.3d 231 (2002)

LOWNSBURY ET AL., APPELLANTS, v. VANBUREN ET AL.; STOVER, APPELLEE.

Supreme Court of Ohio.

Decided February 20, 2002.


Attorney(s) appearing for the Case

Sandra J. Rosenthal; Muth & Shapiro, P.C., and Andrew S. Muth; Beam & Associates and Jack Beam; Alpert, D'Anniballe & Visnic and Robert D'Anniballe, Jr., for appellants.

Reminger & Reminger Co., L.P.A., Thomas Mannion and James M. Kelley III, for appellee Thomas D. Stover, M.D.

Zavarello & Davis Co., L.P.A., A. William Zavarello and Rhonda Gail Davis, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.


ALICE ROBIE RESNICK, J.

This is an appeal from a summary judgment in favor of defendant-appellee Thomas Stover, M.D., in a medical malpractice action. The action was brought by plaintiffs-appellants Mary and Gerald Fabich, in their own right and as next friends of their adopted daughter, plaintiff-appellant Rebecca Fabich (formerly Rebecca Lownsbury), who was born severely brain damaged on January 10, 1995.

In their initial complaint, filed January...

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