Dillon v. Med. Ctr. Hosp.

1995 Ohio 112, 72 Ohio St. 3d 1201

Opinion

[This opinion has been published in Ohio Official Reports at 72 Ohio St.3d 1201.]

DILLON ET AL., APPELLANTS, v. MEDICAL CENTER HOSPITAL, APPELLEE. [Cite as Dillon v. Med. Ctr. Hosp., 1995-Ohio-112.] Appeal dismissed as improvidently allowed. (No. 93-2307—Submitted February 7, 1995—Decided April 12, 1995.) Appeal from the Court of Appeals for Ross County, No. 93 CA 1942. __________________ Spetnagel & Benson, Thomas M. Spetnagel and Paige J. McMahon, for appellants. Bricker & Eckler, Michael J. Renner and Jack Rosati, Jr., for appellee. Squire, Sanders & Dempsey, William M. Todd and Terri-Lynne B. Smiles, urging affirmance for amicus curiae, Ohio Hospital Association. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., DOUGLAS, RESNICK and F.E. SWEENEY, JJ., concur. WRIGHT, PFEIFER and COOK, JJ., dissent. __________________ WRIGHT, J., dissenting. {¶ 2} I would affirm the court of appeals on the ground that the nurses' negligence was not an actual cause of the plaintiff's injury. COOK, J., concurs in the foregoing dissenting opinion. __________________ PFEIFER, J., dissenting. {¶ 3} I would reverse the Court of Appeals for Ross County because there is sufficient evidence of negligence and causation to survive a motion for summary judgment. Accordingly, I dissent. __________________