Lori A. Bixby, Plaintiff-Appellant,
The Ohio State University, Defendant-Appellee.
from the Court of Claims of Ohio Ct. of Cl. No. 2017-00567
A. Bixby, pro se.
Michael DeWine, Attorney General, and Jeanna V. Jacobus, for
1} Plaintiff-appellant, Lori A Bixby, appeals the
October 10, 2017 judgment of the Court of Claims of Ohio
dismissing her complaint pursuant to Civ.R. 12(B)(6). For the
following reasons, we affirm.
Facts and Procedural History
2} On June 26, 2017, appellant filed a complaint
against defendant-appellee, The Ohio State University. In her
complaint, appellant stated she received treatment at The
Ohio State University's Stefanie Spielman Comprehensive
Breast Center. Appellant alleged she received unnecessary
treatment and suffered nerve damage and carpal tunnel
symptoms resulting from medication she was prescribed.
3} On July 14, 2017, appellee filed a motion,
pursuant to Civ.R. 12(B)(6), to dismiss appellant's
complaint for failing to support her complaint with an
affidavit of merit as required by Civ.R. 10(D)(2). On July
26, 2017, appellant filed a motion to extend time to file an
affidavit of merit. On August 18, 2017, the Court of Claims
filed an order granting appellant until September 14, 2017 to
file an affidavit of merit. On September 14, 2017, appellant
filed a motion seeking to avoid the requirement to file an
affidavit of merit because the "case is fairly
straight-forward" or, in the alternative, seeking
assistance in "find[ing] someone who can provide an
affidavit of merit." On September 19, 2017, appellee
filed a response to appellant's September 14, 2017
motion. On October 10, 2017, the Court of Claims filed an
entry dismissing appellant's complaint for failing to
state a claim upon which relief can be granted pursuant to
4} Initially, we note that appellant elected to
proceed pro se both in bringing this action and on appeal.
"It is well-established that pro se litigants
are presumed to have knowledge of the law and legal
procedures and that they are held to the same standard as
litigants who are represented by counsel." Sabouri
v. Ohio Dept. of Job & Family Servs., 145 Ohio
App.3d 651, 654 (10th Dist.2001). "In civil cases, the
same rules, procedures and standards apply to one who appears
pro se as apply to those litigants who are represented by
counsel." Fields v. Stange, 10th ...