¶1dissenting. I would reverse the judgment of the court of appeals and remand this cause to the trial court. I believe that, under the standards of Civ.R. 56(C), appellants have succeeded in raising a jury question on their claim for medical damages. This case is distinguishable from Johnson v. Univ. Hosp. of Cleveland (1989), 44 Ohio St.3d 49, 540 N.E.2d 1370, in that this case does not involve a “normal, healthy child.” See id.at paragraph two of the syllabus.
89 Ohio St. 3d 586
Simmerer v. Dabbas
Decided September 6, 2000
Ohio Supreme Court · decided 2000-09-06
Cited by 16 later decisions — most recently April 2017
16 state decisions
Relies on Johnson v. University Hospitals
Good law ✅— No negative treatment on recordhow we know
Decided 2000-09-06
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