ROSENSHINE v. MED. COLLEGE HOSPS.

Nos. 04AP-843 and 04AP-865.

165 Ohio App.3d 9 (2005)

2005-Ohio-5648

ROSENSHINE, Exr., Appellant, v. MEDICAL COLLEGE HOSPITALS, Appellee. Dawn Rosenshine, Executor of the Estate of Theresa A. Dougherty, Deceased, Plaintiff-Appellee, v. Medical College Hospitals, Defendant-Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided October 25, 2005.


Attorney(s) appearing for the Case

Boss & Vitou Co., L.P.A., and Mark F. Vitou, for Dawn Rosenshine.

Jim Petro, Attorney General, and Susan M. Sullivan, Assistant Attorney General, for Medical College Hospitals.

Robison, Curphey & O'Connell, Jean Ann S. Sieler, and Julia E. Benziger, for amicus curiae, Blair P. Grubb, M.D.


PETREE, Judge.

{¶ 1} Plaintiff, Dawn Rosenshine, and defendant, Medical College Hospitals ("MCH"), both appeal from a judgment of the Court of Claims of Ohio, finding Blair P. Grubb, M.D., to be entitled to personal immunity pursuant to R.C. 9.86 and 2743.02(F). For the reasons that follow, we reverse the judgment of the trial court and remand this matter to that court.

{¶ 2} On April 24, 1998, Rosenshine, the executor of...

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