Williams v. Midland Acres, Inc.
2017 Ohio 332
| Ohio Ct. App. | 2017Background
- On March 7, 2014 Dr. Robert Schwartz performed a rectal palpation on Sherri Williams's mare, Princess, to check for pregnancy; the mare was sedated during the exam. Dr. Schwartz reported no blood on his glove or sleeve and told Williams he did not believe the mare was pregnant.
- Over the following week Princess showed worsening symptoms; Williams treated her at home because other veterinarians were unavailable. On March 15 Princess was referred to OSU Veterinary Hospital, where she was diagnosed with a full‑thickness rectal tear, found to have sepsis, and was euthanized; the mare was pregnant and the fetus died.
- Williams sued Midland Acres, Inc. and Dr. Schwartz for negligence, gross negligence (veterinary malpractice), and breach of fiduciary duty, claiming the rectal tear resulted from Dr. Schwartz’s examination or that he failed to detect/notify her of the injury.
- Defendants moved for summary judgment, submitting Dr. Cynthia Jackson’s expert affidavit concluding the mare suffered a partial tear (an inherent risk of rectal palpation) and that Dr. Schwartz met the standard of care. Williams submitted Dr. Robert Fritz’s affidavit asserting the injury was likely a small full‑thickness tear caused by excessive pressure and that treatment could have prolonged survival.
- The trial court granted summary judgment for defendants. On appeal the Twelfth District reversed in part and remanded: summary judgment was improper on negligence/gross‑negligence claims due to disputed expert evidence; the fiduciary‑duty claim was affirmed; other theories raised on appeal were deemed waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper on negligence/gross‑negligence (malpractice) | Williams: expert says injury was likely a small full‑thickness tear caused by downward/ventral force (mishandling) and/or failure to detect/notify, creating triable issue | Defendants: expert says partial tear is an inherent risk of rectal palpation; no blood was observed (per Dr. Schwartz), so no breach of standard of care | Reversed as to negligence/gross negligence and remanded — genuine issues of material fact exist (conflicting expert opinions) |
| Whether breach of fiduciary duty exists | Williams: alleged fiduciary duty between vet and owner (claimed) | Defendants: no fiduciary relationship established | Affirmed for defendants — plaintiff failed to establish fiduciary relationship |
| Whether alternative theories (failure to provide replacement care; failure to obtain informed consent) preclude summary judgment | Williams: argued on appeal these alternate theories also impose liability | Defendants: these issues were not presented below | Overruled — appellate arguments raised for first time are waived; these theories were not preserved for appeal |
Key Cases Cited
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (standard for summary judgment and evidentiary burdens)
- Turner v. Sinha, 65 Ohio App.3d 30 (standard for establishing veterinary negligence)