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Wilson v. Marino12/9/2005
DECISION AND JUDGMENT ENTRY
{ } This is an appeal from a judgment of the Lucas County Court of Common Pleas, in which the trial court granted summary judgment to appellees, Dee Marino, Toledo Hospital, Promedica Health System ("Promedica"), and Walter P. Grady, D.C., and dismissed a complaint filed by appellant, Sandra Wilson. On appeal, appellant sets forth the following "assignments of error and issues":
{ } "First Assignment of Error and Issues
{ } "1. The trial court erred in granting defendants' summary judgment on counts one, two, three, four, and ten of the plaintiff's complaint.
{ } "Issue One:
{ } "Was Defendant Marino's overruling of Dr. Jagger's order for physical therapy by directing Sandra to undergo chiropractic care from Defendant Grady instead a breach of duty to Sandra?
{ } "Issue Two:
{ } "Did such Defendant Marino's conduct constitute prescribing, advising or recommending treatment for the cure of Sandra's bodily injury?
{ } "Issue Three
{ } "Did Defendant Marino's administering of Defendant Toledo Hospital/Promedica Health System's self-insured Workers' compensation obligations constitute a dual capacity precluding the application of the work-related injury immunity provisions of the Ohio Workers' Compensation Act?
{ } "Issue Four:
{ } "Did Sandra's right as an adult patient to refuse treatment and her failure to disobey Defendant Marino's direction to submit to chiropractic treatment bar her claims?
{ } "Issue Five:
{ } "Does Defendant Marino's liability for her negligence in overruling Dr. Jagger's order for physical therapy by directing Sandra to undergo chiropractic care from Dr. Grady instead require that Dr. Grady be an incompetent chiropractor and that Defendant Marino knew or should have known of such incompetence?
{ } "Issue Six:
{ } "Does the jury's finding that Defendant Grady was not negligent preclude the other Defendants' argument that Defendant Grady's negligence was an efficient, independent and self-producing cause of Sandra's injuries?
{ } "Issue Seven:
{ } "Did Sandra submit evidence that Defendants Marino, Toledo Hospital/Promedica Health System and Grady constituted an enterprise engaged in a pattern of corrupt activity, involving multiple violations of O.R.C. ยง4731.34(A)(3)(b) and .41?
{ } "Second Assignment of Error and Issues
{ } "II. The trial court erred by granting the defendant-appellee's motion to exclude testimony of plaintiff-appellant's expert witness regarding the standard of care.
{ } "Issue One:
{ } "Did a prior opinion and judgment entry establish that Plaintiff-Appellant's expert witness was qualified to testify as to the standard of care?
{ } "Issue Two:
{ } "Was Plaintiff-Appellant's expert qualified to testify as to the chiropractic standard of care?
{ } "Issue Three:
{ } "Was Plaintiff-Appellant's expert qualified to testify as to the general standard of care?"
{ } The undisputed, relevant facts are as follows. On June 8, 1999, appellant was injured while working as a nursing assistant at Toledo Hospital. The next day, appellant was examined and evaluated at OccuHealth, a facility operated by Toledo Hospital, by James Jagger, M.D. The nurse's note from June 9, 1999, states appellant complained of "severe pain in lower back going into buttocks." After examining appellant, Jagger prescribed medication and physical therapy, and ordered an x-ray of appellant's lower spine.
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