Kulich-Grier v. OhioHealth Corp.
2014 Ohio 3931
Ohio Ct. App.2014Background
- Kulich-Grier is a registered nurse who worked in Grant Medical Center's ICU; she alleges after a coworker's alleged assault and subsequent gossip, she was involuntarily detained at Ohio Hospital for Psychiatry (OHP).
- After the incident, Kulich-Grier met with her supervisor and others; she became upset, had a panic attack, and was sent to Grant's ER.
- In the ER, she received Ativan and Seroquel; the next day an ER physician involuntarily admitted her to OHP for 72 hours.
- Upon arrival at OHP, Kulich-Grier signed a Voluntary Admission Form without full understanding; Dr. Wallenbrock conducted a formal evaluation.
- Dr. Wallenbrock diagnosed several mental illnesses and, based on professional judgment, detained her as involuntary; later, she remained until March 10, 2011.
- Kulich-Grier filed suit on March 2, 2012 against OhioHealth and OHP; after discovery both sides moved for summary judgment; settlement with OhioHealth occurred; the appeal concerns only OHP's conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OHP's conduct was extreme and outrageous for IIED. | Kulich-Grier argues OHP failed to comply with 5122.10 and acted outrageously. | OHP contends actions were within professional judgment and not extreme. | No, OHP's conduct not extreme or outrageous; summary judgment affirmed. |
| Whether Kulich-Grier was unlawfully imprisoned (false imprisonment). | Kulich-Grier contends confinement occurred without lawful privilege. | No evidence of confinement; she signed voluntary admission and was not forcefully restrained. | No confinement evidence; summary judgment for OHP affirmed. |
| Whether OHP is immune under R.C. 5122.34. | Immunity not addressed on this record as false imprisonment fails; otherwise, OHP would still have summary judgment. |
Key Cases Cited
- Yeager v. Local Union 20, Teamsters, Chauffeurs, Warehousemen & Helpers of Am., 6 Ohio St.3d 369 (1983) (test for extreme and outrageous conduct in IIED)
- Miller (In re Miller), 63 Ohio St.3d 99 (1992) (standard for hospitalization procedures under 5122.10)
- Sharp v. Cleveland Clinic, 176 Ohio App.3d 226 (2008) (confinement and restraint standards in false imprisonment)
- King v. Aultman Health Found., 5th Dist. No. 2009 CA 00116 (2009) (confinement privilege and false imprisonment analysis)
- Hudson v. Petrosurance, Inc., 127 Ohio St.3d 54 (2010) (summary judgment de novo review standard; burden on moving party)
- Sinnott v. Aqua-Chem, Inc., 2007-Ohio-5584 (2007) (summary judgment standards and evidence requirements)
- Zurz v. 770 W. Broad AGA, L.L.C., 2011-Ohio-832 (2011) (appellate review of summary judgment on factual issues)