Davis v. Mercy St. Vincent Med. Ctr.
Citation2023 Ohio 4723
Date Filed2023-12-28
Docket2022-0460 and 2022-0658
Cited2 times
StatusPublished
Syllabus
Court of appeals' judgment reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp. and cause remanded.
Full Opinion (html_with_citations)
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Davis v. Mercy St. Vincent Med. Ctr., Slip Opinion No.2023-Ohio-4723
.]
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. 2023-OHIO-4723
DAVIS, INDIVIDUALLY AND AS EXR. OF THE ESTATE OF DAVIS, ET AL.,
APPELLEES, v. MERCY ST. VINCENT MEDICAL CENTER ET AL., APPELLANTS.
[Until this opinion appears in the Ohio Official Reports advance sheets, it
may be cited as Davis v. Mercy St. Vincent Med. Ctr., Slip Opinion No.
2023-Ohio-4723.]
Court of appealsā judgment reversed on the authority of Everhart v. Coshocton Cty.
Mem. Hosp. and cause remanded.
(Nos. 2022-0460 and 2022-0658āSubmitted December 20, 2023āDecided
December 28, 2023.)
APPEAL from and CERTIFIED by the Court of Appeals for Lucas County,
No. L-21-1095, 2022-Ohio-1266.
__________________
{¶ 1} The judgment of the Sixth 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 __, and the cause is remanded to that court for it to consider
appelleesā arguments that it previously declined to address.
SUPREME COURT OF OHIO
KENNEDY, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, BRUNNER,
and DETERS, JJ., concur.
_________________
Gary W. Osborne and Jack S. Leizerman, for appellees, Donald A. Davis
and Dustin Davis.
Robison, Curphey, & OāConnell, L.L.C., Julia Smith Wiley, and Kayla L.
Henderson, for appellant Mercy St. Vincent Medical Center.
Reminger Co., L.P.A., Taylor C. Knight, and Erin Siebenhar Hess, for
appellants Fayyaz H. Hashmi, M.D., Mercy Health North, L.L.C., f.k.a. Mercy
Health System-Northern Region, and Mercy Medical Partners, Northern Region,
L.L.C.
_________________
2