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Theobald v. University of Cincinnati3/31/2005
solely upon the financial factors. Therefore, we must remand this case to the Court of Claims for it to make a determination whether a student or resident was involved during each aspect of Theobald's course of treatment that allegedly resulted in appellees' damages and injuries.
{ } Accordingly, we sustain UC's fourth through sixth assignments of error to the extent that the Court of Claims erred in determining whether the physicians were acting within the scope of their employment without considering whether students or residents were involved in each aspect of the course of treatment during which appellees allege they were damaged and injured. Further, we sustain UC's seventh assignment of error to the extent that the Court of Claims failed to make any determination regarding whether Nurse Parrott was acting within her scope of employment.
{ } For the foregoing reasons, we overrule UC's first assignment of error and sustain UC's second and third assignments of error. Further, we sustain UC's fourth, fifth, sixth, and seventh assignments of error to the extent noted above. Finally, we reverse the Court of Claims of Ohio's judgment and remand this cause to that court for further proceedings in accordance with law and this opinion.
Judgment reversed and cause remanded.
BRYANT and SADLER, JJ., concur.
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