2022 Ohio 1686
Ohio Ct. App.2022Background
- In August 2013 Dr. Lombardi performed a total hip replacement on Robert Maxwell; Maxwell died of a pulmonary embolism about two weeks later.
- Joy Maxwell filed a medical/negligence action (initial complaint 2015), voluntarily dismissed it, and refiled in January 2019 alleging survivorship, loss of consortium, and wrongful death; an affidavit of merit accompanied the complaint.
- The trial court's dispositive-motion deadline passed (June 5, 2020). After the Supreme Court of Ohio decided Wilson v. Durrani (Dec. 23, 2020), defendants sought leave (April 2021) to file a summary-judgment motion claiming the wrongful-death claim was barred by the medical-malpractice statute of repose, R.C. 2305.113(C).
- The trial court granted leave to file the motion instanter (July 27, 2021) and then granted summary judgment (Oct. 1, 2021), holding the wrongful-death claim time-barred under R.C. 2305.113(C) as interpreted in Wilson.
- On appeal, Maxwell challenged (1) the trial court’s grant of leave to file the late summary-judgment motion and (2) the dismissal of the wrongful-death claim as barred by the statute of repose; she later withdrew appeals as to survivorship and consortium claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused its discretion by granting leave to file a summary-judgment motion after the dispositive-motion deadline (Civ.R. 6(B) / excusable neglect) | Maxwell: Defendants failed to show excusable neglect for filing after the deadline. | Lombardi: Wilson created a new legal basis that arose after the deadline; leave was justified as excusable neglect. | Trial court did not abuse its discretion; leave was properly granted. |
| Whether the wrongful-death claim is barred by the medical-malpractice statute of repose, R.C. 2305.113(C) | Maxwell: Wrongful-death claims under R.C. 2125 are not "medical claims" within R.C. 2305.113 and thus not subject to that statute of repose. | Lombardi: Wrongful-death action derives from a medical claim and is therefore time-barred under R.C. 2305.113(C) per Wilson. | Court reversed trial court: wrongful-death claims are not barred by R.C. 2305.113(C); summary judgment on that ground was erroneous. |
Key Cases Cited
- Wilson v. Durrani, 164 Ohio St.3d 419 (Ohio 2020) (Ohio Supreme Court decision relied on by defendants regarding R.C. 2305.113)
- Davis v. Immediate Med. Servs., Inc., 80 Ohio St.3d 10 (Ohio 1997) (standard for excusable neglect under Civ.R. 6(B))
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (moving party's initial burden on summary judgment)
- Gilbert v. Summit Cty., 104 Ohio St.3d 660 (Ohio 2004) (summary-judgment standard)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard)
- Lindenschmidt v. Bd. of Commrs., 72 Ohio St.3d 464 (Ohio 1995) (scope of trial-court discretion on procedural matters)
- Andersen v. Highland House Co., 93 Ohio St.3d 547 (Ohio 2001) (de novo appellate review standard)