Rosenshine v. Medical College Hospitals10/25/2005
{ } Plaintiff, Dawn Rosenshine, and defendant, Medical College Hospitals ("MCH"), both appeal from a judgment of the Court of Claims of Ohio, finding Blair P. Grubb, M.D., to be entitled to personal immunity pursuant to R.C. 9.86 and 2743.02(F). For the reasons that follow, we reverse the judgment of the trial court and remand this matter to that court.
{ } On April 24, 1998, Ms. Rosenshine, the executor of the estate of Theresa A. Dougherty, filed a complaint in the Court of Claims of Ohio against MCH, alleging medical malpractice. On the same day, Ms. Rosenshine filed a companion case in the Lucas County Court of Common Pleas against multiple defendants, including Dr. Grubb. The Court of Claims scheduled a status conference to review any potential immunity issues. Following the status conference, the court issued an entry on December 15, 1998, stating in part, "There is no immunity issue pursuant to R.C. 2743.02(F) and 9.86 at this time." In said entry, the court scheduled another status conference to discuss the status of the connected action. On December 24, 1998, counsel for Dr. Grubb filed an entry of appearance in the Court of Claims and requested copies of all filings.
{ } On November 12, 2003, Dr. Grubb filed a motion for a hearing to determine his immunity in the Court of Claims. On November 17, 2003, MCH moved to strike Dr. Grubb's motion for an immunity hearing on the basis that Dr. Grubb, as a non-party, had no standing to file the motion. Both Ms. Rosenshine and MCH filed memoranda in opposition to Dr. Grubb's motion for an immunity hearing. On January 28, 2004, the Court of Claims held Dr. Grubb's motion for an immunity determination and MCH's motion to strike in abeyance pending the outcome of Johns v. Horton, 149 Ohio App.3d 252, 2002-Ohio-3802, appeal accepted 97 Ohio St.3d 1495, 2002-Ohio-7200. On March 10, 2004, the Supreme Court of Ohio issued its decision in Johns v. Univ. of Cincinnati Med. Assoc., Inc., 101 Ohio St.3d 234, 2004-Ohio-824. On March 22, 2004, Ms. Rosenshine filed a motion to strike Dr. Grubb's motion for an immunity hearing. On March 23, 2004, MCH filed a supplemental motion to strike Dr. Grubb's motion for an immunity hearing. On May 5, 2004, Ms. Rosenshine filed a notice of withdrawal of her opposition to Dr. Grubb's motion for an immunity hearing.
{ } On May 27, 2004, the Court of Claims filed an entry, wherein it granted MCH's motion to strike Dr. Grubb's motion for an immunity hearing on the basis that Dr. Grubb is not a party in the action and has no standing to move the court for an immunity hearing. Furthermore, in said entry, the trial court sua sponte set the matter of determining whether Dr. Grubb is entitled to civil immunity for an evidentiary hearing on June 17, 2004. On June 1, 2004, the trial court determined that the parties had agreed to submit the case for determination on the merits pursuant to "written stipulations," as prepared by Dr. Grubb's counsel and approved by the parties, and briefs. The court noted in its entry of June 1, 2004: "The above agreement notwithstanding, defendant continues to object to any participation by Dr. Grubb in these proceedings."
{ } On June 16, 2004, a "stipulation" was filed in the Court of Claims. The stipulation, which was approved by counsel for the parties, as well as counsel for Dr. Grubb, provides:
The parties hereby stipulate that in lieu of presentation of evidence at the evidentiary hearing of June 17, 2004 at 10:00 a.m., all parties stipulate that the issue of Blair P. Grubb, M.D.'s immunity should be determined by the Court on briefs, depositions and affidavits filed, including but not limited to the following: Documents from The Court of Common
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