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Hudson v. Ohio Dep't of Rehabilitation and Correction12/30/2004
{ } This matter is before the court upon the appeal of plaintiff-appellant Suzanne Hudson, Administratrix of the Estate of Michael Jaso, Deceased, from a decision of the Court of Claims of Ohio, denying appellant's request for a continuance and rendering judgment in favor of defendant-appellee, Ohio Department of Rehabilitation and Correction. For the reasons that follow, we affirm.
{ } The facts pertinent to this appeal are as follows. On May 6, 2003, appellant re-filed a wrongful death action in the Court of Claims of Ohio against appellee resulting from the death of her son, who died in 1999 while in the custody of the Dayton Correctional Institution.
{ } On June 17, 2003, the court issued a scheduling order setting a status/settlement conference for July 1, 2003, pre-trial for March 25, 2004 and trial for April 26-29, 2004. On July 1, 2003 the court attempted to conduct a telephone status/settlement conference with the parties. However, the court was unable to contact appellant, and a second status/settlement conference was rescheduled for July 18, 2003.
{ } On July 18, 2003, the court conducted a telephone status/settlement conference with the parties. The court confirmed the April 26, 2004 trial date. It was decided by the parties the trial would only require three days. As a result, the court amended its order scheduling the trial for the specific dates of April 26-28, 2004.
{ } On March 25, 2004 the court attempted to conduct a previously scheduled pre-trial conference. However, the conference was not held, because appellant did not appear and was unavailable by telephone. The court issued an entry on April 2, 2004 advising the parties the April 26, 2004 trial date was firm.
{ } On the day of trial, appellant made an oral motion for a continuance, stating that she was experiencing medical problems. Specifically, appellant stated she contracted blood poisoning on May 13, 2003, which took her five months to recover.
Further, appellant offered that she fractured her hip in November. In support, appellant provided medical records to the court. The medical records were not marked into evidence. Appellant offered that she attempted to call the court to alert it of her medical problems, yet she could only recall that she spoke with "the receptionist for the court of claims of Ohio." (Tr. at 13.)
{ } The court reviewed appellant's medical documents on the record. The records indicated that appellant was admitted to St. Mercy's Hospital for blood poisoning on May 12, 2003. Appellant admitted she recovered from the blood poisoning in October 2003. The records also indicated appellant was admitted to the hospital on August 4, 2003 for red, swollen legs and on September 18, 2003 for redness and infection in her feet and legs. Finally, the records confirmed appellant's assertion that she was admitted to the hospital November 9, 2003. Appellant asserted that she "just barely got released from my doctor on Monday." (Tr. at 4.)
{ } In response to appellant's request, appellee indicated its opposition to a continuance. Appellee indicated it had witnesses present to testify from various parts of the state, and argued that appellant had sufficient opportunity to let the court know about her medical issues prior to the day of trial.
{ } Appellant also referred to documents the court had sent on April 6, 2004 and asserted she did not receive them until April 21, 2004. Appellant admitted she did not alert the court of her change of address. (Tr. at 5.) When asked why she did not retain an attorney, appellant responded that she had a difficult time finding representation. Appellant stated that by the
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