Vernon M. Evans, Plaintiff-Appellant,
Randall E. Henderson, Defendant-Appellee.
from the Franklin County Court of Common Pleas (C.P.C. No.
M. Evans, pro se.
Carpenter Lipps & Leland LLP, Theodore M. Munsell, and
Karen M. Cadieux, for appellee.
1} Plaintiff-appellant, Vernon M. Evans, appeals
from a decision and entry of the Franklin County Court of
Common Pleas granting the Civ.R. 12(B)(6) motion to dismiss
of defendant-appellee, Randall E. Henderson. For the
following reasons, we affirm.
Facts and Procedural History
2} On August 1, 2017, Evans filed a complaint
purporting to assert claims of assault and battery against
Henderson, who is a medical doctor. Pursuant to the
allegations contained in the complaint, Evans was admitted to
St. Ann's Hospital for surgery from May 10 to 11, 2014.
While he was in the hospital, Evans alleges Dr. Henderson
committed assault and battery against him while he was in the
operating room and the recovery room. Evans alleged he
sustained injuries to his teeth, head, mouth, lips, gums,
tongue, jaw, face, chest, stomach, and groin as a result of
the alleged assault and battery. Evans did not file an
accompanying affidavit of merit for a medical claim along
with the complaint. On the complaint, Evans listed his
address as "457 Rutherford Ave., Delaware, Ohio
3} On August 30, 2017, Dr. Henderson filed a motion
to dismiss pursuant to Civ.R. 12(B)(6). Dr. Henderson argued
that if the trial court construed Evans' complaint as a
medical claim, Dr. Henderson was entitled to dismiss both
because Evans did not file the required affidavit of merit
and because the medical claim was time-barred by the
applicable statute of limitations. Alternatively, Dr.
Henderson argued that if the trial court construed the
complaint as one for assault and battery, he was still
entitled to dismissal because the complaint was time-barred
by the statute of limitations applicable to claims of assault
and battery. The certificate of service accompanying Dr.
Henderson's motion to dismiss stated the motion was filed
with the court's electronic filing system and was served
by United States mail upon "Vernon M. Evans, 457
Rutherford Avenue, Delaware, Ohio 43015."
4} Evans did not file a response to Dr.
Henderson's motion to dismiss. On October 6, 2017, the
trial court issued a decision and entry granting Dr.
Henderson's motion to dismiss for failure to state a
claim. The trial court concluded that, whether it construes
Evans' complaint as one for assault and battery or one
for a medical claim, the statute of limitations for both of
those claims is one year. On the face of the complaint, Evans
stated his injuries occurred between May 10 and 11, 2014, but
he did not file his complaint until August 1, 2017. Thus, the
trial court concluded the statute of limitations barred
Evans' complaint, and it granted Dr. Henderson's
motion to dismiss. Evans timely appeals.