McCarthy v. Lee

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as
McCarthy v. Lee, Slip Opinion No. 

.]




                                        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. 

          MCCARTHY ET AL., APPELLEES, v. LEE ET AL., APPELLANTS.
  [Until this opinion appears in the Ohio Official Reports advance sheets, it
     may be cited as McCarthy v. Lee, Slip Opinion No. 

.]
Court of appeals’ judgment reversed on the authority of Everhart v. Coshocton Cty.
        Mem. Hosp.
   (Nos. 2022-0717 and 2022-0718―Submitted December 20, 2023―Decided
                                 December 28, 2023.)
    APPEAL from and CERTIFIED by the Court of Appeals for Franklin County,
                           No. 21AP-105, 

.
                                 __________________
        {¶ 1} The judgment of the Tenth 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 __.
        KENNEDY, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, and DETERS,
JJ., concur.
                            SUPREME COURT OF OHIO




       BRUNNER, J., dissents for the reasons set forth in her dissenting opinion in
Everhart.
                              _________________
       Beausay & Nichols Law Firm, T. Jeffrey Beausay, and Sara C. Nichols, for
appellees, Kathleen McCarthy (deceased) and Brett McCarthy.
       FisherBroyles, L.L.P., Michael R. Traven, and Robert B. Graziano, for
appellants, Peter K. Lee, M.D., OhioHealth Colon and Rectal Surgeons, and
OhioHealth Physicians Group, Inc.
                              _________________




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