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Tobin v. Steptoe & Johnson, PLLC

Court of Appeals of Ohio, Tenth District

July 26, 2018

James M. Tobin, Individually and as Administrator of the Estate of Bruce Tobin, Deceased, Plaintiff-Appellant,
v.
Steptoe & Johnson, PLLC, Defendant-Appellee.

          APPEAL from the Franklin County Court of Common Pleas No. 17CV-4040

         On brief:

          James M. Tobin, pro se.

         Argued:

          James M. Tobin.

         On brief:

          Porter Wright Morris & Arthur, LLP, and Robert W. Trafford, for appellee.

         Argued:

          Robert W. Trafford.

          DECISION

          LUPER SCHUSTER, J.

         {¶ 1} Plaintiff-appellant, James M. Tobin, individually and as administrator of the estate of Bruce Tobin, deceased, appeals from the judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee, Steptoe & Johnson, PLLC ("Steptoe & Johnson"). For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} On April 28, 2017, Tobin, individually and as administrator of the estate of his deceased son, Bruce Tobin, initiated a pro se action against Steptoe & Johnson alleging legal malpractice in connection with the unsuccessful prosecution of a wrongful death claim against the hospital where Bruce died, University Hospital East ("Hospital"). In September 2017, Steptoe & Johnson moved for summary judgment, arguing that the action was barred by the applicable statute of limitations, and that the action also failed as a matter of law because Steptoe & Johnson, the only named defendant, cannot be directly liable for legal malpractice. The trial court granted Steptoe & Johnson's motion for summary judgment and dismissed Tobin's complaint with prejudice. Tobin timely appeals.

         II. ...


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