Rafael M. Cruz, M.D., Plaintiff-Appellant,
v.
Kettering Health Network, et al., Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on January 6, 2012.
Rendered on January 6, 2012.
Attorney(s) appearing for the Case
KENNETH A. LAZARUS , Atty. Reg. #0001663, Lazarus & Associates, 1025 Thomas Jefferson Street, N.W., Suite 110-G, Washington, D.C. 20007 and LEE C. FALKE , Atty. Reg. #0003922, and ADAM R. WEBBER , Atty. Reg. #0080900, Falke & Dunphy, LLC, 30 Wyoming Street, Dayton, Ohio 45409, Attorneys for Plaintiff-Appellant.
GREGORY G. LOCKHART , Atty. Reg. #0007791, and TIMOTHY G. PEPPER , Atty. Reg. #0071076, Taft Stettinius & Hollister LLP, 40 North Main Street, Suite 1700, Dayton, Ohio 45423, Attorneys for Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
HALL, J.
{¶ 1} Rafael M. Cruz appeals from the trial court's Civ.R. 12(B)(6) dismissal of his verified petition for an order requiring pre-suit discovery pursuant to Civ.R 34(D).
{¶ 2} Cruz advances two assignments of error on appeal. First, he contends the trial court erred in denying pre-suit discovery in accordance with Civ.R. 34(D). Second, he claims the trial court erred in denying him leave to amend...
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