Court of Appeals of Ohio, Eighth District, Cuyahoga
DARRELL BAON, EXECUTOR OF THE ESTATE OF SUE ANN BAON, Plaintiff-Appellant,
FAIRVIEW HOSPITAL, ET AL., Defendants-Appellees.
Appeal from the Cuyahoga County Court of Common Pleas Case
Cavitch, Familo & Durkin Co., L.P.A., and Gregory E.
O'Brien, for appellant.
Moscarino & Treu, L.L.P., George M. Moscarino, and
Katherine L. Moscarino, for appellees Cleveland Clinic
Foundation, Fairview Hospital, Diya Alaedeen, M.D., Timothy
Barnett, M.D., Erin Nagrant, M.D., and Rami Hazzi, M.D.
Law, Brant E. Poling, Sabrina S. Sellers, and Zachary R.
Hoover, for appellee Hassan Alzoubi, M.D.
Reminger Co., L.P.A., Holly M. Wilson, and Aaren R. Host, for
appellee Grace Hospital.
Reminger Co., L.P.A., Brian T. Gannon, and Brian D. Sullivan,
for appellees North Shore Gastroenterology, Inc.,
and Robert F. Straub, M.D.
Bonezzi Switzer Polito & Hupp Co., L.P.A., C. Richard
McDonald, and Brian F. Lange, for appellee University
Hospitals St. John Medical Center.
JOURNAL ENTRY AND OPINION
J. BOYLE, P.J.
1} Plaintiff-appellant, Darrell Baon, executor of
the estate of Sue Ann Baon, appeals the trial court's
order denying his Civ.R 60 motion for relief from judgment.
He raises one assignment of error for our review:
court below erred in failing to enter relief from judgment.
2} Finding no merit to his assignment of error, we
Procedural History and Factual Background
3} Sue Ann Baon died on April 26, 2015. Darrell
Baon, Sue Ann's husband, was appointed the executor of
Sue Ann's estate.
4} On April 26, 2017, Darrell, through counsel,
filed a complaint against Fairview Hospital, the Cleveland
Clinic Foundation, Grace Hospital, North Shore
Gastroenterology, Inc., Dr. Robert F. Straub, Dr. Diya
Alaedeen, Dr. Timothy Barnett, Dr. Erin Nagrant, Dr. Hassan
Alzoubi, University Hospitals St. John Medical Center, Dr.
Rami Hazzi, and John Does I-X ("defendants") in
Cuyahoga C.P. No. CV-17-879458. His complaint alleged one
count of wrongful death under RC. Chapter 2151 et seq.,
specifically alleging that defendants provided negligent
medical care that caused Sue Ann's death. He filed the
complaint on behalf of Sue Ann's next of kin and sought
damages for her next of kin. On May 8, 2017, however,
Darrell's counsel filed a notice of dismissal, and the
trial court dismissed the case without prejudice.
On May 7, 2018, Darrell refiled, pro se, his complaint
against defendants. His complaint again alleged one count of
wrongful death under R.C. Chapter 2151 et seq. and was
identical to his original complaint. Attached to his pro se
complaint was a motion to extend the period to file an
affidavit of merit, in which Darrell stated that he was
unable to file an affidavit of merit at the time he filed his
complaint because he was not "provided a complete copy
of the relevant medical records from defendants." He