FORTUNA v. OHIO STATE UNIV. HOSP.

No. 04AP-832.

164 Ohio App.3d 263 (2005)

2005-Ohio-5647

FORTUNA, Exr., Appellant, v. OHIO STATE UNIVERSITY HOSPITALS, Appellee.

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

Decided October 25, 2005.


Attorney(s) appearing for the Case

Raymond deLevie, J.D., M.D. Co., L.P.A., and Raymond deLevie, for appellant.

Jim Petro, Attorney General, and Karl W. Schedler, Assistant Attorney General, for appellee.

Arnold, Todaro & Welch Co., L.P.A., and Maryellen C. Spirito, Gayle E. Arnold, Karen L. Clouse, and Kevin Popham, for amicus curiae, Larry Martin, M.D.


PETREE, Judge.

{¶ 1} Plaintiff-appellant, Vicki Fortuna, individually and as executor of the estate of Stephen J. Fortuna, appeals from a judgment of the Court of Claims of Ohio, finding Dr. Larry C. Martin to be entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F). For the following reasons, we reverse the judgment of the Court of Claims and remand this matter to that court.

{¶ 2} On June 12, 2001, plaintiff...

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