 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Kristian v. Youngstown Orthopedic Association12/15/2004
JUDGMENT: Affirmed.
{ } Appellants Thomas J. Kristian ("Mr. Kristian") and Balaci Kristian appeal the ruling of the Mahoning County Court of Common Pleas which granted Appellees Youngstown Orthopedic Associates and Dr. Joseph M. Stefko's ("Dr. Stefko") motion for summary judgment in a medical malpractice action. Appellants failed to produce any evidence in rebuttal to Dr. Stefko's affidavit, which described in detail the treatment he rendered to Mr. Kristian, and which asserted that Dr. Stefko conformed to the standard of care applicable to reasonable orthopedic surgeons under similar circumstances. Although Appellants contend that the trial court did not give them enough time for proper discovery in order to respond to Appellees' motion for summary judgment, the record reveals otherwise. The trial court granted Appellants an extension of time to rebut Appellees' motion, however Appellants failed to file any type of evidentiary response during the extension period. The record supports the decision to grant summary judgment in this case, and the judgment of the trial court is hereby affirmed.
{ } On August 20, 1998, Dr. Stefko performed surgery on Mr. Kristian's bicep tendon and treated him from July 24, 1998, through September 21, 1999.
{ } Appellants filed a medical malpractice complaint on March 9, 2001, in the Mahoning County Court of Common Pleas. Appellees filed a motion for summary judgment on April 2, 2002. Thereafter, Appellants voluntarily dismissed the action on May 10, 2002.
{ } Appellants re-filed the action on May 8, 2003. On June 2, 2003, Appellees filed their answer. Appellees moved for summary judgment on June 27, 2003. Appellants opposed summary judgment and filed a motion for extension of time in which to respond to defendant's motion for summary judgment on July 3, 2003.
{ } The trial court judge sustained Appellants' motion for extension of time, giving Appellants until August 29, 2003 to respond to the motion for summary judgment and setting September 5, 2003 as the date for non-oral hearing. On September 16, 2003, the trial court granted summary judgment in favor of Appellees. On October 8, 2003, Appellants filed this timely appeal.
{ } Appellants' sole assignment of error asserts:
{ } "THE TRIAL COURT ERRED IN GRANTING DEFENDANTS-APPELLEES' MOTION FOR SUMMARY JUDGMENT."
{ } Appellants argue that the trial court granted summary judgment without first allowing enough time for the type of discovery necessary to establish that there were disputed issues of material fact pursuant to Civ.R. 56(C). Appellants also contend that the trial court had no justification for granting Appellees' motion for summary judgment, based on the trial court's failure to provide any explanation as to why it was granted the motion.
{ } When reviewing a trial court's decision to grant summary judgment, we review the evidence de novo, and apply the same standard used by the trial court. Varisco v. Varisco (1993), 91 Ohio App.3d 542, 543, 632 N.E.2d 1341, citing Parenti v. Goodyear Tire & Rubber Co. (1990), 66 Ohio App.3d 826, 829, 586 N.E.2d 1121; Bell v. Horton (1996), 113 Ohio App.3d 363, 365, 680 N.E.2d 1272. In addition, summary judgment under Civ.R. 56 is only proper when the movant demonstrates that:
{ } "(1) o genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds could come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, that conclusion is advers
Page 1 2 3 4 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|