James M. Tobin, Individually and as Administrator of the Estate of Bruce Tobin, Deceased, Plaintiff-Appellant,
Steptoe & Johnson, PLLC, Defendant-Appellee.
from the Franklin County Court of Common Pleas No. 17CV-4040
M. Tobin, pro se.
Wright Morris & Arthur, LLP, and Robert W. Trafford, for
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.
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.