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Wilson v. Marino12/9/2005
as to what services, if any, were actually "stolen" from appellant. No evidence was presented as to the type of physical therapy Jagger prescribed, or how it would have differed from Grady's treatment. Appellant's final argument is without merit.
{ } On consideration of the foregoing, we find the trial court did not err when it granted summary judgment to appellees and dismissed counts one, two, three, four and ten of the complaint. We further find that there remains no other genuine issue of material fact and, after considering the evidence presented most strongly in favor of appellant, appellees are entitled to summary judgment as a matter of law. Appellant's first assignment of error is not well-taken.
{ } The judgment of the Lucas County Court of Common Pleas is affirmed. Appellant is ordered to pay the costs of this appeal pursuant to App.R. 24. Judgment for the clerk's expense incurred in preparation of the record, fees allowed by law, and the fee for filing the appeal is awarded to Lucas County.
JUDGMENT AFFIRMED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Peter M. Handwork, J.
William J. Skow, J.
Dennis M. Parish, J. JUDGE CONCUR.
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