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Baon v. Fairview Hospital

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 22, 2019

DARRELL BAON, EXECUTOR OF THE ESTATE OF SUE ANN BAON, Plaintiff-Appellant,
v.
FAIRVIEW HOSPITAL, ET AL., Defendants-Appellees.

          Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-18-897287

         JUDGMENT: AFFIRMED

          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.

          Poling 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

          MARY 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:

         The court below erred in failing to enter relief from judgment.

         {¶ 2} Finding no merit to his assignment of error, we affirm.

         I. 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.

         {¶5} 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 ...


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