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Johnson v. University Hospitals of Cleveland3/28/2002
JUDGMENT: REVERSED AND REMANDED.
Defendant-appellant University Hospitals of Cleveland (UH) appeals the trial court's order compelling it to disclose the hospital incident reports regarding the instant matter. For the reasons below, the trial court's decision is reversed and remanded.
Plaintiff-appellee Jocelyn Johnson, individually and as the administratrix of the estate of Floryne Johnson, commenced this action by filing a medical malpractice complaint against UH.
On October 12, 2000, Johnson requested that UH produce incident reports which pertain to Johnson's claims, among other discovery requests. UH was granted leave to respond to Johnson's discovery requests.
On January 9, 2001, UH responded by objecting to the request because the request sought * privileged communications and writings *. Johnson filed a motion to compel discovery but did not specifically mention the incident reports in its motion. The trial court granted Johnson's motion to compel on March 7, 2001. The next day, UH filed its brief in opposition to Johnson's motion, arguing that Johnson's requests seek information that is clearly privileged by Ohio's statutes on peer review and quality assurance.
On March 12, 2001, the trial court again granted Johnson's motion to compel and required compliance by March 23, 2001.
On March 23, 2001, UH filed a motion for leave to comply with the court orders. The trial court denied the request.
Discovery disputes continued throughout the course of this action. In July 2001, Johnson moved for an order scheduling discovery depositions and other discovery matters. On July 31, 2001, the trial court ordered UH to immediately produce all documents requested in Plaintiff's Requests for Production of Documents.
On August 9, 2001, after a pretrial was held, the trial court ordered UH to produce the incident reports by August 16, 2001. The court's order, however, permitted UH to file a motion for protective order. UH timely filed a motion for protective order regarding the incident reports. On August 17, 2001, the trial court denied the motion and ordered UH to produce the incident reports by the end of the day.
UH immediately filed an appeal of this order and sought a stay pending appeal. It also filed a motion for Civ.R. 54(B) certification which the trial court denied, stating:
This court having been notified that defendant University Hospitals of Cleveland filed a notice of appeal on August 17, 2001 regarding this court's denial of a motion for protective order. Although this is not a final appealable order, it is within the Court of Appeals province to either grant a pending motion to dismiss or exercise its jurisdiction over said appeal. At this time, the 8th District Court of Appeals has not rendered a ruling. Motion for stay of court order to produce incident reports filed August 20, 2001 is granted. On court's own motion, case stayed pending Appellate Court ruling. Upon 8th District ruling, case to return to active docket. Final.
UH raises the following issue on appeal:
I. THE TRIAL COURT ERRED IN ORDERING THAT UNIVERSITY HOSPITALS OF CLEVELAND'S INCIDENT REPORT, CONTAINING CONFIDENTIAL AND PRIVILEGED MATERIALS, BE PRODUCED.
Before we address the merits of this appeal, we must determine whether the trial court's order denying the motion for protective order is a final appealable order.
UH argues that it may appeal from the trial court's order denying its motion for protective order because the journal entry is final under R.C. 2505.02.
R.C. 2505.02, in pertinent part, provides:
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