Walls v. Durrani
2021 Ohio 4329
| Ohio Ct. App. | 2021Background
- Katherine Walls, a veteran with chronic back pain, consulted CAST physicians; Dr. Durrani repeatedly recommended a lumbar fusion while Dr. Nael Shanti treated her conservatively and performed a laminectomy in 2012.
- Walls released Shanti from liability and sued only Dr. Durrani and CAST (for negligent hiring/supervision), alleging negligence, lack of informed consent, battery, intentional infliction of emotional distress, and fraud.
- The trial court granted partial summary judgment for defendants on vicarious-liability theories tied to Shanti; Walls proceeded on direct theories against Durrani.
- At trial the jury found Durrani negligent and that his recommendation proximately caused Walls’s injury; interrogatories showed the negligence finding rested on Durrani’s recommendation rather than performing the surgery.
- Defendants moved for directed verdicts and JNOV on causation grounds; the trial court denied relief. On appeal the First District held causation was lacking as a matter of law because Durrani did not perform the surgery and Walls had refused his recommended fusion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligence causation | Walls: Durrani’s recommendation of fusion (outside the standard of care) caused her subsequent harm from surgery and progression. | Durrani: He did not perform the surgery; Shanti independently recommended and performed a different procedure, breaking causal chain. | Reversed: No evidence Durrani caused the injury; Shanti’s intervening act breaks proximate causation. |
| Lack of informed consent (to fusion) | Walls: Durrani failed to disclose material risks of fusion, and those risks materialized. | Durrani: Walls never underwent Durrani’s recommended fusion; she refused it, so no injury from that procedure materialized. | Reversed: Claim fails because plaintiff did not undergo the procedure and proximate causation is absent. |
| Vicarious liability for CAST | Walls: CAST can be liable for Shanti’s conduct through vicarious liability. | Defendants: Release of Shanti and controlling precedent foreclose vicarious liability absent direct liability of Durrani. | Trial court earlier granted partial summary judgment for defendants on vicarious-liability theory; on appeal court did not reinstate it. |
Key Cases Cited
- Ackison v. Anchor Packing Co., 897 N.E.2d 1118 (Ohio 2008) (but-for test for actual cause)
- White v. Durrani, 168 N.E.3d 597 (Ohio Ct. App. 2021) (limits on vicarious liability and physician-patient relationship issues)
- Schirmer v. Mt. Auburn Obstetrics & Gynecologic Assocs., 844 N.E.2d 1160 (Ohio 2006) (traditional duty–breach–causation in medical negligence)
- Hester v. Dwivedi, 733 N.E.2d 1161 (Ohio 2000) (proximate-cause discussion in medical malpractice)
- Westinghouse Elec. Corp. v. Dolly Madison Leasing & Furniture Corp., 326 N.E.2d 651 (Ohio 1975) (direct verdict when a crucial causal link is missing)
- Gedra v. Dallmer Co., 91 N.E.2d 256 (Ohio 1950) (mere possibility is insufficient to prove causation)
- Strother v. Hutchinson, 423 N.E.2d 467 (Ohio 1981) (proximate cause as natural and probable consequence)
- Ruta v. Breckenridge-Remy Co., 430 N.E.2d 935 (Ohio 1982) (directed verdict standard review)
- Johnson v. Univ. Hosps. of Cleveland, 540 N.E.2d 1370 (Ohio 1989) (foreseeability limits proximate cause)
- Wallace v. Ohio Dept. of Commerce, 773 N.E.2d 1018 (Ohio 2002) (plaintiff bears burden to prove proximate cause)
- Aiken v. Indus Comm., 53 N.E.2d 1018 (Ohio 1944) (definition of proximate cause as unbroken sequence)