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Kinn v. HCR ManorCare

Court of Appeals of Ohio, Sixth District

September 20, 2013

Tammy Kinn, etc. Appellant
v.
HCR ManorCare, et al. Appellees

Trial Court No. CI0200908520

Dennis E. Murray, Sr. and Donna J. Evans, for appellant.

Robert M. Anspach, Cori D. Catignani, Mark D. Meeks, Elizabeth D. Wilfong, Thomas D. Warren and Gretchen L. Lange, for appellees.

DECISION AND JUDGMENT

YARBROUGH, J.

I. Introduction

(¶ 1} Appellant, Tammy Kinn, as executrix and surviving spouse of the estate of her late husband, Gregory Kinn, and in her individual capacity, appeals the judgment of the Lucas County Court of Common Pleas, awarding costs to appellees, HCR ManorCare and Heartland Hospice Services, LLC, for expenses incurred in procuring deposition transcripts and daily trial transcripts. Because we conclude that the trial court erred in awarding costs for the trial transcripts, we reverse, in part, and affirm, in part.

A. Facts and Procedural Background

(¶ 2} On December 1, 2009, Kinn filed a complaint against Heartland and its parent company, HCR ManorCare, alleging multiple claims including breach of contract, negligent hiring, training, and retaining, infliction of emotional distress, breach of duty and trust, wrongful death, and negligence. Kinn's claims stem from allegedly substandard hospice care that Heartland provided to Gregory during the last several days of his life.

(¶ 3} Following extensive discovery by both parties, appellees moved for summary judgment as to all of Kinn's claims. Ultimately, the trial court granted appellees' motion on all claims except Kinn's negligence claim. A six-day jury trial began on the negligence claim on June 25, 2012. The jury returned a verdict in appellees' favor, concluding that Heartland was not negligent in its provision of palliative care to Gregory. On July 10, 2012, the trial court entered its judgment entry dismissing all claims against appellees and ordering Kinn to pay costs. Appellees filed a proposed bill of costs, and the trial court determined that they were entitled to reimbursement for their deposition and trial transcript expenses. This timely appeal followed.

B. Assignments of Error

(¶ 4} Kinn assigns the following errors for our review:

FIRST ASSIGNMENT OF ERROR: THE TRIAL COURT ERRED IN TAXING AS COSTS THE EXPENSE OF PROCURING TRANSCRIPTS OF VARIOUS DISCOVERY DEPOSITIONS.
SECOND ASSIGNMENT OF ERROR: THE TRIAL COURT ERRED IN TAXING AS COSTS THE EXPENSE OF EXPEDITING TRANSCRIPTS OF ...

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