RIES v. OHIO STATE UNIV. MED. CTR.

No. 11AP-1004.

2012 Ohio 1766

Matthew Ries, Admr. et al., Plaintiffs-Appellants, v. The Ohio State University Medical Center, Defendant-Appellee.

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

April 19, 2012.


Attorney(s) appearing for the Case

Colley Shroyer & Abraham, LPA, and David I. Shroyer , for appellants.

Michael DeWine , Attorney General, Karl W. Schedler and Daniel R. Forsythe , for appellee.


DECISION

TYACK, J.

{¶ 1} The estate of Michael McNew is appealing from the decision of the Ohio Court of Claims which granted immunity to Syed Husain, M.D. The estate assigns a single error for our consideration:

THE TRIAL COURT ERRED IN DETERMINING THAT SYED HUSAIN, M.D. WAS ACTING IN THE SCOPE OF HIS STATE EMPLOYMENT AND THEREFORE WAS ENTITLED TO CIVIL IMMUNITY FOR ACTS AND OMISSIONS THAT OCCURRED DURING HIS TREATMENT OF APPELLANT...

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