Hays v. St. Elizabeth Hospital Medical Center

Ohio Supreme Court

Hays v. St. Elizabeth Hospital Medical Center

526 N.E.2d 307, 38 Ohio St. 3d 60, 1988 Ohio LEXIS 222

Ohio Supreme Court·Decided July 20, 1988·No. No. 87-2104·Published·Cited by 8 cases

Opinion

The court of appeals found that its judgment in this case was in conflict with the judgment of the Third District Court of Appeals in Naugle v. Campbell Soup Co. (June 20, 1986), Henry App. No. 7-84-24, unreported, on the question of whether an expert’s affidavit which does not specifically list facts supporting his conclusion of neg[61] ligence is sufficient to overcome a motion for summary judgment. Therefore, the court of appeals certified the case to this court pursuant to Section 3(B), Article IV, Constitution.

We find that the judgments of the courts of appeals do not conflict on the certified question. Accordingly, the appeal is dismissed. State v. Palider (1987), 33 Ohio St. 3d 68, 514 N.E. 2d 873; Cook v. Mayfield (1988), 37 Ohio St. 3d 44, 523 N.E. 2d 502.

Moyer, C.J., Cacioppo, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur. Mary Cacioppo, J., of the Ninth Appellate District, sitting for Sweeney, J.

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The court of appeals found that its judgment in this case was in conflict with the judgment of the Third District Court of Appeals in Naugle v. Campbell Soup Co. (June 20, 1986), Henry App. No. 7-84-24, unreported, on the question of whether an expert’s affidavit which does not specifically list facts supporting his conclusion of neg[61] ligence is sufficient to overcome a motion for summary judgment. Therefore, the court of appeals certified the case to this court pursuant to Section 3(B), Article IV, Constitution.

We find that the judgments of the courts of appeals do not conflict on the certified question. Accordingly, the appeal is dismissed. State v. Palider (1987), 33 Ohio St. 3d 68, 514 N.E. 2d 873; Cook v. Mayfield (1988), 37 Ohio St. 3d 44, 523 N.E. 2d 502.

Moyer, C.J., Cacioppo, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur. Mary Cacioppo, J., of the Ninth Appellate District, sitting for Sweeney, J.

Hays v. St. Elizabeth Hospital Medical Center, 526 N.E.2d 307, 38 Ohio St. 3d 60, 1988 Ohio LEXIS 222 (Ohio 1988).

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Opinion

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