Davis v. Mercy St. Vincent Med. Ctr.

Ohio Supreme Court

Davis v. Mercy St. Vincent Med. Ctr.

2023 Ohio 4723

CourtOhio Supreme Court

DecidedDecember 28, 2023

Docket2022-0460 and 2022-0658

StatusPublished

Cited by2 cases

This text of 2023 Ohio 4723 (Davis v. Mercy St. Vincent Med. Ctr.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Davis v. Mercy St. Vincent Med. Ctr., 2023 Ohio 4723 (Ohio 2023).

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Davis v. Mercy St. Vincent Med. Ctr., Slip Opinion No. 2023-Ohio-4723.]

NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.

SLIP OPINION NO. 2023-OHIO-4723 DAVIS, INDIVIDUALLY AND AS EXR. OF THE ESTATE OF DAVIS, ET AL., APPELLEES, v. MERCY ST. VINCENT MEDICAL CENTER ET AL., APPELLANTS. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Davis v. Mercy St. Vincent Med. Ctr., Slip Opinion No. 2023-Ohio-4723.] Court of appeals’ judgment reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp. and cause remanded. (Nos. 2022-0460 and 2022-0658―Submitted December 20, 2023―Decided December 28, 2023.) APPEAL from and CERTIFIED by the Court of Appeals for Lucas County, No. L-21-1095, 2022-Ohio-1266. __________________ {¶ 1} The judgment of the Sixth District Court of Appeals is reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp., __ Ohio St.3d __, 2023-Ohio- 4670, __ N.E.3d __, and the cause is remanded to that court for it to consider appellees’ arguments that it previously declined to address. SUPREME COURT OF OHIO

KENNEDY, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, BRUNNER, and DETERS, JJ., concur. _________________ Gary W. Osborne and Jack S. Leizerman, for appellees, Donald A. Davis and Dustin Davis. Robison, Curphey, & O’Connell, L.L.C., Julia Smith Wiley, and Kayla L. Henderson, for appellant Mercy St. Vincent Medical Center. Reminger Co., L.P.A., Taylor C. Knight, and Erin Siebenhar Hess, for appellants Fayyaz H. Hashmi, M.D., Mercy Health North, L.L.C., f.k.a. Mercy Health System-Northern Region, and Mercy Medical Partners, Northern Region, L.L.C. _________________

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Davis v. Mercy St. Vincent Med. Ctr., Slip Opinion No. 2023-Ohio-4723.]

NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.

SLIP OPINION NO. 2023-OHIO-4723 DAVIS, INDIVIDUALLY AND AS EXR. OF THE ESTATE OF DAVIS, ET AL., APPELLEES, v. MERCY ST. VINCENT MEDICAL CENTER ET AL., APPELLANTS. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Davis v. Mercy St. Vincent Med. Ctr., Slip Opinion No. 2023-Ohio-4723.] Court of appeals’ judgment reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp. and cause remanded. (Nos. 2022-0460 and 2022-0658―Submitted December 20, 2023―Decided December 28, 2023.) APPEAL from and CERTIFIED by the Court of Appeals for Lucas County, No. L-21-1095, 2022-Ohio-1266. __________________ {¶ 1} The judgment of the Sixth District Court of Appeals is reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp., __ Ohio St.3d __, 2023-Ohio- 4670, __ N.E.3d __, and the cause is remanded to that court for it to consider appellees’ arguments that it previously declined to address. SUPREME COURT OF OHIO

KENNEDY, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, BRUNNER, and DETERS, JJ., concur. _________________ Gary W. Osborne and Jack S. Leizerman, for appellees, Donald A. Davis and Dustin Davis. Robison, Curphey, & O’Connell, L.L.C., Julia Smith Wiley, and Kayla L. Henderson, for appellant Mercy St. Vincent Medical Center. Reminger Co., L.P.A., Taylor C. Knight, and Erin Siebenhar Hess, for appellants Fayyaz H. Hashmi, M.D., Mercy Health North, L.L.C., f.k.a. Mercy Health System-Northern Region, and Mercy Medical Partners, Northern Region, L.L.C. _________________

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