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CARTER v. ST. ANN'S HOSP.

No. 11AP-715.

2012 Ohio 1662

Larry E. Carter, Executor of the Estate of Sandra L. Carter, Deceased, Plaintiff-Appellant, v. St. Ann's Hospital et al., Defendants-Appellees.

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

April 12, 2012.

Attorney(s) appearing for the Case

Blue + Blue, LLC, and Douglas J. Blue , for appellant.

Earl, Warburton, Adams & Davis, and Grier Schaffer , for appellee St. Ann's Hospital.

Freund, Freeze & Arnold, and Mark L. Schumacher , for appellee Mark T. Rubertus, M.D.

DECISION

TYACK, J.

{¶ 1} Larry E. Carter, executor of the estate of Sandra L. Carter, is appealing from the dismissal of Mark T. Rubertus, M.D., from the wrongful death lawsuit filed by the estate. Two assignments of error are presented:

1. THE TRIAL COURT ERRED WHEN IT ORDERED A HEARING ON APPELLEE MARK T. RUBERTUS' MOTION TO DISMISS TO HEAR ADDITONAL EVIDENCE THE APPELLEE HAD FAILED TO INCLUDE IN HIS MOTION TO DISMISS. ...

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