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Kristian v. Youngstown Orthopedic Association12/15/2004
able version of the statute of repose in this case, and disagree as to whether such statute is constitutionally deficient under the holdings of Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St.3d 54, 514 N.E.2d 709, and State ex rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86 Ohio St.3d 451, 715 N.E.2d 1062. Once again, assuming arguendo that Appellants' complaint did survive any applicable statute of repose, the record does not contain a scintilla of evidence to rebut the evidence in Appellees' motion for summary judgment. Thus, summary judgment was granted.
{ } In conclusion, we find no abuse of discretion in the way that the trial court handled the discovery process. We also find that summary judgment was appropriate in this case based on the evidence presented in Appellees' motion for summary judgment, and based on Appellants' failure to provide rebuttal evidence to prove that there were genuine issues of material fact in dispute. We overrule Appellants' sole assignment of error, and affirm the judgment of the Mahoning County Court of Common Pleas.
DeGenaro, J., concurs.
Reader, J., concurs.
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