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ENGEL v. UNIV. OF TOLEDO COLLEGE OF MEDICINE

No. 2009-1735.

130 Ohio St.3d 263 (2011)

2011-Ohio-3375

ENGEL, Appellee, v. UNIVERSITY OF TOLEDO COLLEGE OF MEDICINE, Appellant.

Supreme Court of Ohio.

Decided July 13, 2011.

Attorney(s) appearing for the Case

Law Office of John B. Fisher, L.L.C., and John B. Fisher , for appellee.

Michael DeWine , Attorney General, Alexandra T. Schimmer , Solicitor General, Brandon J. Lester , Deputy Solicitor, and Anne Berry Strait , Assistant Attorney General, for appellant.

Kitch, Drutchas, Wagner, Valitutti & Sherbrook, Susan Healy Zitterman , and John S. Wasung , urging affirmance for amicus curiae Dr. Marek Skoskiewicz.

Giorgianni Law, L.L.C., and Paul Giorgianni ; Amer Cunningham Co., L.P.A., and Thomas R. Houlihan ; and Elk & Elk Co., Ltd., and Peter D. Traska , urging reversal for amicus curiae Ohio Association for Justice.

PFEIFER, J.

{¶ 1} Appellant, University of Toledo College of Medicine ("College of Medicine"), appeals the lower court's decision that Dr. Marek Skoskiewicz is entitled to personal immunity in the medical-malpractice suit filed against him because he is an officer or employee of the state. For the reasons that follow, we conclude that Dr. Skoskiewicz is not an officer or employee of the state.

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