McFarren v. Canton
59 N.E.3d 652
Ohio Ct. App.2016Background
- 91-year-old Angeline Rinker was admitted to Emeritus/The Landing of Canton initially for a one-week respite (July 8–15, 2010) and on July 14 her family signed a month-to-month Resident Agreement converting the stay to regular residency. Emeritus completed a Resident Evaluation identifying confusion, unsteady gait, and need for assistance/standby transfers; fees set at Personal Care Level 3.
- Dr. Thomas (at Emeritus’s request) completed a pre-admission health assessment noting “Assist with transfer: One person” and wrote "Nursing Home" under type of care.
- On July 15, 2010 staff found Rinker on the floor of her room; later she was diagnosed with a left hip fracture and died a few days later. Coroner listed cause of death as complications of left hip fracture from a fall.
- McFarren (granddaughter and administratrix) sued Emeritus and staff for negligence, breach of contract, violation of Ohio Patients’ Bill of Rights (R.C. 3721.13(A)(30)), wrongful death, and punitive damages. Emeritus moved for summary judgment; trial court struck an affidavit from Rinker’s grandson as hearsay and granted summary judgment to Emeritus, finding claims were medical claims barred by the one-year statute of limitations and that plaintiff failed to show causation and entitlement to punitive damages.
- On appeal the Fifth District: (1) held negligence and wrongful-death claims failed for lack of causation and affirmed summary judgment as to those and punitive damages; (2) reversed and remanded the breach-of-contract claims (finding they are not necessarily "medical claims" under R.C. 2305.113); and (3) remanded the cause-of-death issue for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are plaintiff's negligence, Patient's Bill of Rights, and breach-of-contract claims "medical claims" under R.C. 2305.113? | Claims are common-law negligence and contract claims (failure to supervise/assist and wrongful retention), not claims arising from medical diagnosis, care, or treatment. | The claims arise from a residential facility's provision of care and so fall within the statute's definition of "medical claim," triggering the one-year limit. | Mixed: negligence and wrongful-death claims treated as non-viable on causation (affirmed); but the court held breach-of-contract claims are not necessarily medical claims and reversed/remanded those counts. |
| Was the grandson's affidavit (reporting Rinker's statement that she called for help and fell transferring herself) admissible under Evid.R. 804(B)(5)? | The affidavit is a decedent’s prior statement offered to rebut defendant testimony and establish causation. | The affidavit is inadmissible hearsay; 804(B)(5) does not apply because it was not offered to rebut testimony by an adverse party and was used in plaintiff’s case-in-chief. | The court affirmed exclusion: 804(B)(5) inapplicable where statement was not used in rebuttal; affidavit was stricken. |
| Did plaintiff present sufficient evidence of breach and proximate cause of Rinker's fall and death to survive summary judgment? | Expert and circumstantial evidence (plus the stricken affidavit) create a genuine issue that Emeritus failed to implement fall-prevention and that caused the fall. | No competent Civ.R. 56 evidence shows how the fall occurred or that any breach proximately caused it; expert opinion is speculative without facts establishing mechanism of fall. | Held for defendant: plaintiff failed to show specific, non-speculative evidence of proximate causation for negligence/wrongful death; summary judgment affirmed on those claims. |
| Is punitive damages available? | Emeritus acted with knowledge that Rinker needed higher care and intentionally retained/admitted her, supporting punitive damages. | No clear-and-convincing evidence of malice or conscious disregard; no tort supporting punitive damages remains. | Held for defendant: punitive damages denied; no Civ.R.56 evidence of malice and remaining claims are contract-based. |
Key Cases Cited
- Browning v. Burt, 66 Ohio St.3d 544 (Ohio 1993) (defines "care" in R.C. 2305.113 as prevention or alleviation of a physical or mental defect or illness; limits scope of "medical claim")
- Rome v. Flower Mem. Hosp., 70 Ohio St.3d 14 (Ohio 1994) (treatment-related acts that are inherent to medical procedures or require professional skill can make claims "medical claims")
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (summary judgment burden-shifting framework)
- Mitseff v. Wheeler, 38 Ohio St.3d 112 (Ohio 1988) (nonmoving party's reciprocal burden to present specific facts to defeat summary judgment)
- Vargo v. Travelers Ins. Co., 34 Ohio St.3d 27 (Ohio 1987) (coroner's report creates a rebuttable presumption as to cause, manner, and mode of death)
- Lake Ridge Academy v. Carney, 66 Ohio St.3d 376 (Ohio 1993) (punitive damages are not recoverable for pure breach of contract absent an independent tortual basis)