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FAIRCHILDS v. MIAMI VALLEY HOSP., INC.

No. 2005-0929.

109 Ohio St.3d 1229 (2006)

2006-Ohio-3055

FAIRCHILDS ET AL., APPELLEES, v. MIAMI VALLEY HOSPITAL, INC., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Brannon & Associates and Dwight Brannon; and Lopez, Kemmer, Severt & Pratt Co., L.P.A., Jose M. Lopez, and Christopher D. Clark, for appellees.

Freund, Freeze & Arnold, Neil F. Freund, and Vaseem S. Hadi, for appellant.

Volkema, Thomas, Miller, Burkett, Scott & Merry and Michael S. Miller, urging affirmance on behalf of amicus curiae, Ohio Academy of Trial Lawyers.

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

MOYER, C.J., RESNICK, PFEIFER, O'CONNOR and LANZINGER, JJ., concur.

LUNDBERG STRATTON and O'DONNELL, JJ., dissent.

LUNDBERG STRATTON, J., dissenting.

{¶ 2} I respectfully dissent. I believe that we should prevent the unfair and abusive use of Civ.R. 41 now. I agree...

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