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Phibbs v. Children's Hospital Medical Center of Akron6/22/2005
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellants, Thomas Phibbs and Katherine Goldberg, appeal from the judgment of the Summit County Court of Common Pleas, that granted the motion in limine of Appellees, Children's Hospital Medical Center of Akron (the "Children's Hospital"), William Stone, M.D., and James Prebis, M.D. We affirm.
I.
{ } This case arises from an alleged incident of medical malpractice, involving Thomas, a 16 year-old adolescent diagnosed with Henoch-Schonlein Purpura with acute renal failure and other medical conditions. Thomas received treatment for his condition at the Children's Hospital from May-July, 1996.
{ } On January 24, 1997, Ms. Goldberg, individually and as the natural mother of Thomas, filed a complaint for medical malpractice against the Children's Hospital, Dr. Stone, Dr. Prebis, and other defendants not parties to this appeal, asserting that they mismanaged Thomas' medical treatment and failed to diagnose abdominal abscesses which resulted in a perforation of his colon. This complaint was thereafter voluntarily dismissed. Ms. Goldberg refiled the case on March 8, 2001.
{ } Although the parties engaged in extensive motion practice, the only contested issues on appeal involve motions in limine filed by Appellees. Children's Hospital and Dr. Prebis filed a motion in limine on December 23, 2003, which sought to exclude Appellants' witness, William Inboden, D.O., from testifying as an expert. Dr. Stone filed a motion in limine on December 30, 2003, which also sought to exclude the testimony of Inboden.
{ } On March 19, 2004, the Children's Hospital and Dr. Prebis filed another motion in limine, this time seeking to exclude the testimony of Appellants' expert, Dr. Michael Miller, regarding any damages, injuries, treatment, and care that occurred after Thomas' discharge from the Children's Hospital on July 29, 1996. On March 22, 2004, Dr. Stone filed a motion in limine to bar Dr. Michael Miller from testifying as to causation and/or life expectancy.
{ } Dr. Stone filed another motion in limine on April 1, 2004 to bar the testimony of David Goldfarb and John Burke regarding economic value of Thomas' reduced life expectancy.
{ } On March 5, 2004, the trial court granted the motions in limine of Children's Hospital, Dr. Prebis and Dr. Stone that sought to bar Inboden from testifying. On June 23, 2004, the court granted the motions in limine seeking to exclude the testimony of Dr. Miller, Dr. Goldfarb, and Dr. Burke.
{ } The case proceeded to trial on July 26, 2004. A jury reached a verdict in favor of Appellees. This appeal followed.
{ } Appellants timely appealed, asserting two assignments of error for review.
II.
First Assignment of Error
"THE TRIAL COURT ABUSED ITS DISCRETION AND CLEARLY ERRONEOUS IN GRANTING THE DEFENDANTS-APPELLEES MOTION IN LIMINE DATED MARCH 5, 2004."
Second Assignment of Error
"THE TRIAL COURT ABUSED ITS DISCRETION AND CLEARLY ERRONEOUS IN GRANTING THE DEFENDANTS-APPELLEES MOTION IN LIMINE DATED JUNE 23, 2004."
{ } In their first and second assignments of error, Appellants challenge the trial court's grant of Appellees' motions in limine.
{ } A ruling on a motion in limine is an interlocutory ruling as to the potential admissibility of evidence at trial, and cannot serve as the basis of assigned error on appeal. State v. Grubb (1986), 28 Ohio St.3d 199, 201-02; Cunningham v. Goodyear Ti
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