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Likes v. Richland Correctional Institution2/7/2005
tion is normal for an individual infected with hepatitis C, and his disease has an overall improvement of 40 percent under my care. My care and treatment of Ronald Likes conformed to the applicable standard of care, and was in no way negligent."
{ } Although plaintiff filed a memorandum in opposition to the motion for summary judgment, plaintiff did not submit an affidavit or other evidence. Thus, Dr. Williams' assertion that the medical care and treatment provided to plaintiff met the applicable standard of care is unrebutted.
{ } The Tenth District Court of Appeals has stated that:
{ } "The moving party bears the initial responsibility of informing the trial court of the basis for the motion, and identifying those portions of the record that demonstrate the absence of a genuine issue of fact on a material element of one or more of the nonmoving party's claims for relief. Dresher v. Burt (1996), 75 Ohio St.3d 280, 292. If the moving party satisfies this initial burden by presenting or identifying appropriate Civ.R. 56(C) evidence, the nonmoving party must then present similarly appropriate evidence to rebut the motion with a showing that a genuine issue of material fact must be preserved for trial. Norris v. Ohio Standard Oil Co. (1982), 70 Ohio St.2d 1,2. The nonmoving party does not need to try the case at this juncture, but its burden is to produce more than a scintilla of evidence in support of its claims. McBroom v. Columbia Gas of Ohio, Inc. (June 28, 2001), Franklin App. No. 00AP-1110." Nu-Trend Homes, Inc. v. Law Offices of DeLibera, Lyons & Bibbo, Franklin App. No. 01AP-1137, 2003-Ohio-1633.
{ } In light of the standard of review, the court finds that the only reasonable conclusion to be drawn from the undisputed evidence set forth above is that defendant was not negligent in the medical care and treatment of plaintiff. Consequently, there are no genuine issues of material fact for trial and defendant is entitled to judgment as a matter of law.
{ } Defendant's motion for summary judgment shall be granted and judgment shall be rendered in favor of defendant.
JUDGMENT ENTRY
A non-oral hearing was conducted in this case upon defendant's motion for summary judgment. For the reasons set forth in the decision filed concurrently herewith, defendant's motion for summary judgment is GRANTED and judgment is rendered in favor of defendant. Court costs are assessed against plaintiff. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
JOSEPH T. CLARK Judge
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