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Dicapo v. Ahmed6/4/1998
JUDGMENT AFFIRMED.
Appellant appeals the trial court's granting of appellee's motion for a directed verdict and the trial court's exclusion of certain evidence. As the record indicates the trial court did not err, we affirm.
Appellant Janie DiCapo and her husband filed a complaint alleging medical malpractice, intentional infliction of emotional distress and battery against appellees Azzam Ahmed, M.D. and Azzam N. Ahmed, M.D., Inc. Appellant's claims arose from her allegations that Dr. Ahmed, her obstetrician and gynecologist, made improper comments to her and touched her inappropriately.
This matter proceeded to trial in the Cuyahoga County Court of Common Pleas on April 14, 1997. Prior to trial, appellee moved, in limine, to exclude the testimony of two of appellee's former patients, Michelle Mann and Susan Teschner, on the grounds that testimony of appellee's other bad acts is inadmissible. The trial court granted the motion.
Following appellant's opening statement, appellee sought directed verdicts on the appellant's allegations of battery and intentional infliction of emotional distress. The trial court granted the motion regarding the battery count.
At trial, appellant testified that her mother-in-law had referred her to appellee. She began to see appellee in approximately 1991. She had switched to appellee because appellee's office was close to her home. At one time, she switched to another doctor when her husband changed jobs, which temporarily left her with different medical insurance. After appellant's new insurance became effective, she returned to appellee.
Appellant wrote a letter to appellee at the time she switched doctors to explain the reason for the change. In the letter, she told appellee that she felt safe with him and trusted him. She wrote, I feel you are a wonderful doctor, it is nice to have a doctor you trust. She testified that she had total trust and total faith in appellee's care for her.
Appellant's last visit with appellee was October 15, 1994. Appellant contends that her relationship with appellee began to change in the few months prior to her last visit. Appellant testified that at a visit in April 1994, while she was getting up from the stirrups after appellee had examined her, he told her she was beautiful and that she probably had a lot of boyfriends. Appellant thought he must have confused her with another patient who was not married and did not report the comment to anyone.
About two weeks later, at another appointment, appellee told her she was beautiful and that her husband was lucky. Appellee also told appellant that he loved her. When asked how she reacted when appellee told her he loved her, appellant responded that the doctor jokes a lot and that she kind of thought maybe he was joking, you know, just joking, kidding around. She did not tell him or anyone else that she was offended by his statement.
Appellant further testified that appellee had told her that her husband should send him flowers because the surgery he performed to remedy her stress incontinence made her like a virgin again. Appellant also testified that appellee tried to touch and kiss her.
In spite of appellee's behavior, appellant returned to him on October 15, 1994. Appellant went to see appellee for a pelvic examination because she had a lot of pain. One specific complaint was that she had pain during sexual intercourse.
Appellant testified that she believed the internal examination went on for longer than it should have. He kept his fingers in there and then he started moving them in and out. Appellant reported that appellee had said to her that
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