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KOSTELNIK v. HELPER

No. 2000-2236.

96 Ohio St.3d 1 (2002)

2002-Ohio-2985

KOSTELNIK, EXR., APPELLANT, v. HELPER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 3, 2002.

Attorney(s) appearing for the Case

Chattman, Gains & Stern, Michael B. Michelson, John V. Scharon, Jr., and Dale A. Nowak, for appellant.

Weston, Hurd, Fallon, Paisley & Howley, L.L.P., Ronald A. Rispo, Daniel A. Richards and John B. Robertson; Bonezzi, Switzer, Murphy & Polito and William D. Bonezzi, for appellee Dr. Helper.

Reminger & Reminger Co., L.P.A., James L. Malone, Marilena DiSilvio, Brian D. Sullivan and Amy Fulmer Stevenson, for appellee Meridia Hillcrest Hospital.

LUNDBERG STRATTON, J.

{¶ 1} On June 9, 1995, appellant, Michael R. Kostelnik, Jr., as executor of the estate of Jacqueline M. Kostelnik, filed a wrongful-death action against appellee Steven D. Helper, M.D., and appellee Meridia Hillcrest Hospital. The complaint alleged that Jacqueline M. Kostelnik's death was proximately caused by the negligence of Dr. Helper and Meridia Hillcrest Hospital. The trial was set for September 29, 1997. However, on that...

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