Doby-Robinson v. Kaiser Permanente Found.

2012 Ohio 1548

• Court: Ohio Court of Appeals
• Decided: April 5, 2012
• Docket: 97495
• Status: Published

Opinion

[Cite as Doby-Robinson v. Kaiser Permanente Found., 2012-Ohio-1548.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97495

KAREN DOBY-ROBINSON, ET AL. PLAINTIFFS-APPELLANTS

vs.

KAISER PERMANENTE FOUNDATION, ET AL. DEFENDANTS-APPELLEES

JUDGMENT: AFFIRMED

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-741493

BEFORE: Keough, J., Cooney, P.J., and E. Gallagher, J.

RELEASED AND JOURNALIZED: April 5, 2012 ATTORNEY FOR APPELLANTS

Paul M. Kaufman 801 Terminal Tower 50 Public Square Cleveland, OH 44113

ATTORNEYS FOR APPELLEES

Donald J. Richardson Jennifer R. Becker Jeffrey W. Van Wagner Bonezzi, Switzer, Murphy, Polito & Hupp 1300 East Ninth Street Suite 1950 Cleveland, OH 44114 KATHLEEN ANN KEOUGH, J.:

{¶1} This cause came to be heard upon the accelerated calendar pursuant to

App.R. 11.1 and Loc.R. 11.1. The purpose of an accelerated appeal is to allow the

appellate court to render a brief and conclusory opinion. Crawford v. Eastland Shopping

Mall Assn., 11 Ohio App.3d 158, 463 N.E.2d 655 (10th Dist.1983); App.R. 11.1(E).

{¶2} Plaintiffs-appellants, Karen Doby-Robinson and Samuel Robinson

(“appellants”), appeal the trial court’s decision granting summary judgment on behalf of

defendants-appellees, Kaiser Permanente Foundation Health Plan of Ohio, Ohio

Permanente Medical Group, Delilah F. Armstrong, M.D., Alexander Jakubowycz, M.D.,

and James Tagliabue, M.D. (collectively “appellees”).

{¶3} Appellants raise as their sole assignment of error that the trial court erred in

granting summary judgment in favor of appellees. Independently reviewing the record in

this case and without deference to the trial court’s decision, we find that summary

judgment was properly granted in favor of appellees. The applicable one-year statute of

limitations bars appellants’ medical malpractice and loss of consortium claims where the

cognizable event occurred at the latest in October 2007 and appellants did not file suit

against the individual physicians until November 2010. See R.C. 2305.113(A);

Hershberger v. Akron City Hosp., 34 Ohio St.3d 1, 516 N.E.2d 204 (1987), paragraphs

one and two of the syllabus; Smith v. Gill, 8th Dist. No. 93985, 2010-Ohio-4012, ¶ 12.

Furthermore, because appellants’ claims against the individual physicians are time-barred, the medical facilities cannot be held vicariously liable for the medical claims. See

Comer v. Risko, 106 Ohio St.3d 185, 2005-Ohio-4559, 833 N.E.2d 712, ¶ 20.

{¶4} Accordingly, appellants’ assignment of error is overruled.

{¶5} Judgment affirmed.

It is ordered that appellees recover from appellants costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate be sent to said court to carry this judgment into

execution.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of

the Rules of Appellate Procedure.

KATHLEEN ANN KEOUGH, JUDGE

COLLEEN CONWAY COONEY, P.J., and EILEEN A. GALLAGHER, J., CONCUR