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Rosenshine v. Medical College Hospitals10/25/2005
Pleas of Lucas County, Ohio (filed in the Court of Claims along with the Stipulation). * * * Documents from The Court of Claims of Ohio (already on file in the Court of Claims) * * * Depositions (already on file in the Court of Claims) * * * Depositions (filed in the Court of Claims along with this Stipulation) * * * In addition, any party may submit a supplemental brief and additional affidavits and evidence on or before June 16, 2004.
{ } On June 25, 2004, the trial court filed an entry, which states as follows:
On June 16, 2004, the parties filed a stipulation agreeing to submit to the court the issue of civil immunity of Blair P. Grubb, M.D. on briefs, depositions, and affidavits. * * * Although not a party, Dr. Grubb executed the stipulation by and through counsel. In an effort to help the court make a determination on the issue of immunity, counsel for Dr. Grubb may submit a memorandum in support of his position.
{ } In its decision on the issue of Dr. Grubb's civil immunity, the trial court determined that Dr. Grubb acted within the scope of his employment with MCH at all times relevant to the care of Ms. Dougherty and that Dr. Grubb did not act with malicious purpose, in bad faith, or in a wanton or reckless manner toward Ms. Dougherty. The trial court concluded that Dr. Grubb is entitled to immunity pursuant to R.C. 9.86 and 2743.02(F), and that the courts of common pleas do not have jurisdiction over civil actions against him based upon his alleged action or inaction in this case. The trial court entered judgment on July 22, 2004.
{ } Both Ms. Rosenshine and MCH filed timely notices of appeal. Ms. Rosenshine's appeal was docketed as case No. 04AP-843, and MCH's appeal was docketed as case No. 04AP-865. On September 9, 2004, this court sua sponte consolidated the appeals for purposes of record filing, briefing, and oral argument.
{ } In case No. 04AP-843, Ms. Rosenshine asserts the following assignments of error:
Assignment of Error No. 1
It was error for the trial court to conclude that Blair Grubb, M.D., was acting in the course and scope of employment with the State of Ohio, and therefore statutorily immune from liability for Appellant's claim of medical malpractice arising out of her decedent's May 30 -- June 2, 1995, admission to Medical College Hospitals ("MCH").
Assignment of Error No. 2
Even if Blair Grubb, M.D., was an employee of the State of Ohio during Appellant's decedent's May 30 -- June 2, 1995, MCH admission, it was error for the trial court to find him statutorily immune from liability claim since his departures from the accepted standards of medical care with respect to his claimed supervision of the care and treatment of Appellant's decedent constitute reckless conduct.
{ } In case No. 04AP-865, MCH has set forth the following assignments of error:
First Assignment of Error
The Court of Claims erred when it allowed a non-party to participate in an immunity hearing, even after it had granted the defendant's motion to strike the non-party's motion for an immunity determination.
Second Assignment of Error
The Court of Claims erred when it failed to find that Dr. Blair Grubb waived his claim for immunity by not asserting it in a timely manner.
Third Assignment of Error
The Court of Claims erred in finding that Dr. Blair Grubb was entitled to immunity under R.C. 9.86 and 2743.02(F).
{ } During the pendency of this appeal, Dr. Grubb filed a motion to intervene, or alternatively, a motion for leave to file an amicus curiae brief. This court denied the motion
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