State ex rel. Smith v. Cuyahoga County Court of Common Pleas

106 Ohio St. 3d 151
CourtOhio Supreme Court
DecidedAugust 31, 2005
DocketNo. 2005-0629
StatusPublished
Cited by23 cases

This text of 106 Ohio St. 3d 151 (State ex rel. Smith v. Cuyahoga County Court of Common Pleas) 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.

Bluebook
State ex rel. Smith v. Cuyahoga County Court of Common Pleas, 106 Ohio St. 3d 151 (Ohio 2005).

Opinion

Per Curiam.

{¶ 1} This is a mandamus action to compel a common pleas court to vacate orders to transfer venue, accept venue over a medical-malpractice case, and adjudicate the merits of that case.

{¶ 2} Relator, Carla Smith, is the administrator of the estate of her deceased son, Edward Smith II. Smith is a resident of Ashland County, Ohio, as was the decedent.

{¶ 3} On April 2, 2003, Smith filed a medical-malpractice and wrongful-death action in respondent Cuyahoga County Court of Common Pleas. Smith named respondent Cleveland Clinic Foundation (“Cleveland Clinic”), Rajyalakshmi Rambhatla, M.D., Cleveland Clinic Wooster, Children’s Hospital Medical Center of Akron, Albert Miller, M.D., and Wooster Community Hospital as defendants. The Cleveland Clinic maintains its headquarters, owns real estate, employs physicians and staff, and provides medical services in Cuyahoga County, Ohio.

{¶ 4} On June 19, 2003, the defendants moved to transfer the case to the Wayne County Court of Common Pleas. The defendants asserted that Wayne County was a more appropriate venue than Cuyahoga County because several defendants were located in Wayne County and a substantial portion of the treatment provided to the decedent occurred at the Cleveland Clinic facilities in Wayne County. On August 19, 2003, Judge Thomas J. Pokorny of the Cuyahoga County Court of Common Pleas granted the defendants’ motions and transferred venue of the case to the Wayne County Court of Common Pleas. The Cuyahoga County Court of Appeals dismissed an appeal from the change of venue for lack of a final, appealable order, and this court declined further review.

[152]*152{¶ 5} The parties to the case reached a partial settlement, and Smith voluntarily dismissed without prejudice her remaining claims against the Cleveland Clinic and Dr. Rambhatla.

{¶ 6} On October 29, 2004, Smith refiled her medical-malpractice action in the Cuyahoga County Court of Common Pleas solely against the Cleveland Clinic. On November 23, 2004, the Cleveland Clinic moved to transfer venue to the Wayne County Court of Common Pleas. In December 2004, the Cuyahoga County judge who was initially assigned the refiled case denied the motion. The case was then returned to Judge Pokorny, and on December 17, 2004, he transferred the case to the Wayne County Court of Common Pleas. According to Judge Pokorny, the case should have been transferred to him initially rather than to the other judge because it was a refiled action.

{¶ 7} Smith moved the Wayne County Court of Common Pleas to reject the transfer of venue. On February 11, 2005, that court granted Smith’s motion and returned the medical-malpractice case to the Cuyahoga County Court of Common Pleas. In so holding, the Wayne County court determined that the Cuyahoga County court had not properly transferred venue:

{¶ 8} “[T]he Court finds that because the Plaintiff resides in Cuyahoga County and Defendant has its principal place of business in Cuyahoga County the suit is properly venued in Cuyahoga County. And, unless Defendant has a reasonable belief that it cannot obtain a fair and impartial trial in Cuyahoga County then this action should not have been transferred to Wayne County.”

{¶ 9} On February 22, 2005, the Cleveland Clinic again moved for the Cuyahoga County Court of Common Pleas to transfer venue of Smith’s medical-malpractice action to the Wayne County Court of Common Pleas. On March 9, 2005, Judge Pokorny granted the motion and transferred the case back to the Wayne County Court of Common Pleas. Judge Pokorny concluded that Wayne County was the more appropriate venue because the medical care at issue was rendered in Wayne County, and “the only remote connection to Cuyahoga County was the fact that [the] treating physician * * *, a Wayne County resident, was employed by the Cleveland Clinic, which has its main campus in Cuyahoga County.” On April 1, 2005, Judge Pokorny retired as a judge.

{¶ 10} On April 8, 2005, Smith, individually and as administrator of her decedent son’s estate, filed this action for a writ of mandamus to compel the Cuyahoga County Court of Common Pleas to vacate Judge Pokorny’s orders transferring venue to the Wayne County court, accept venue of Smith’s medical-malpractice case, and adjudicate the merits of that case. On May 4, 2005, the Cuyahoga County court answered the complaint. On May 9, 2005, Cleveland Clinic moved to dismiss. On May 16, 2005, Smith filed a memorandum in opposition to Cleveland Clinic’s motion.

[153]*153{¶ 11} This cause is now before us for our determination under S.CtPrac.R. X(5).

S.CtPrac.R. X(5) Standard of Review

{¶ 12} We must now determine whether dismissal, an alternative writ, or a peremptory writ is appropriate. S.CtPrac.R. X(5); State ex rel. Rodak v. Betleski, 104 Ohio St.3d 345, 2004-Ohio-6567, 819 N.E.2d 703, ¶ 10. “ ‘[I]f the pertinent facts are uncontroverted and it appears beyond doubt that [the relator] is entitled to the requested writ, we will issue a peremptory writ of mandamus.’ ” (Brackets sic.) State ex rel. Dispatch Printing Co. v. Morrow Cty. Prosecutor’s Office, 105 Ohio St.3d 172, 2005-Ohio-685, 824 N.E.2d 64, ¶ 4, quoting State ex rel. Highlander v. Rudduck, 103 Ohio St.3d 370, 2004-Ohio-4952, 816 N.E.2d 213, ¶ 8.

Application of Standard to Mandamus Claim

{¶ 13} In order to be entitled to the requested writ of mandamus, Smith must establish a clear legal right to vacation of the Cuyahoga County court’s transfer orders and to an order compelling that court to adjudicate the merits of her medical-malpractice case, a clear legal duty on the part of that court to perform the requested acts, and the lack of an adequate remedy in the ordinary course of the law. See State ex rel. Cincinnati Bell Tel. Co. v. Pub. Util. Comm., 105 Ohio St.3d 177, 2005-Ohio-1150, 824 N.E.2d 68, ¶ 13.

{¶ 14} Regarding the first two requirements, the Cuyahoga County court implicitly relied on the doctrine of forum non conveniens to transfer venue of Smith’s medical-malpractice case to the Wayne County court. “ ‘The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even when jurisdiction is authorized by the letter of a general venue statute.’ ” Chambers v. Merrell-Dow Pharmaceuticals, Inc. (1988), 35 Ohio St.3d 123, 125-126, 519 N.E.2d 370, quoting Gulf Oil Corp. v. Gilbert (1947), 330 U.S. 501, 507, 67 S.Ct. 839, 91 L.Ed. 1055. Courts applying forum non conveniens consider a variety of private and public interests to determine which forum is more appropriate. Gilbert, 330 U.S. at 508-509, 67 S.Ct. 839, 91 L.Ed. 1055. Some factors include the ease of access to sources of proof, the availability of witnesses, and the local interest in having localized controversies decided at home. Id.; see, also, Restatement of the Law 2d, Conflict of Laws (1971), Section 84 (“A state will not exercise jurisdiction if it is a seriously inconvenient forum for the trial of the action provided that a more appropriate forum is available to the plaintiff’).

{¶ 15} In Chambers,

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Bluebook (online)
106 Ohio St. 3d 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-smith-v-cuyahoga-county-court-of-common-pleas-ohio-2005.