TEDESCHI v. ATRIUM CTRS., L.L.C.

No. 97647.

2012 Ohio 2929

PAMELA TEDESCHI, EXECUTOR OF THE ESTATE OF RUTH A. CROWE, DECEASED, PLAINTIFF-APPELLEE, v. ATRIUM CENTERS, L.L.C., ET AL. DEFENDANTS [APPEAL BY ESSEX OF SALEM I, L.L.C., DEFENDANT-APPELLANT].

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: June 28, 2012.


Attorney(s) appearing for the Case

Brant E. Poling , Colleen H. Petrello , Poling/Petrello , 1100 Superior Avenue, Cleveland, Ohio 44114, Douglas P. Holthus , Paul-Michael LaFayette , Poling/Petrello , 300 East Broad Street, Suite 350, Columbus, Ohio 43215, Attorneys for Appellant.

Michael D. Schroge , Frank Gallucci, III , Plevin & Gallucci Co., 55 Public Square, Suite 2222, Cleveland, Ohio 44113, Paul W. Flowers , Paul W. Flowers Co., L.P.A., Terminal Tower, 35th Floor, 50 Public Square, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Celebrezze, P.J., Rocco, J., and E. Gallagher, J.


JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., P.J.

{¶1} Appellant, Essex of Salem I, L.L.C. ("Essex"), brings this appeal challenging the denial of its second motion to stay a wrongful death and medical malpractice suit pending arbitration brought by Pamela Tedeschi, executor of the estate of Ruth Crowe. Essex argues the cause should be stayed pursuant to a valid and enforceable arbitration agreement signed by Tedeschi. After a thorough...

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