Leslie M. Jenny

Leslie M. Jenny and Gabriella M. Wittbrod, both of our Cleveland, OH office, were granted summary judgment on behalf of their corporate nursing home clients in this medical negligence case. Judge Phillip S. Naumoff of the Richland County Court of Common Pleas granted our request, finding that the plaintiff failed to establish liability, causation, or viable claims against individual employees—rendering vicarious liability inapplicable under Ohio law. Sarah Miller, as the Personal Representative of the Estate of Mary Holt v. Lexington Court Care Center, et al., Richland County Court of Common Pleas, 24-CV-288N, Judge Phillip S. Naumoff, was originally filed on August 4, 2021, naming corporate nursing home defendants and John Does. The John Does were later dismissed due to the expiration of the statute of limitations, and the court granted summary judgment in favor of the defendants on May 17, 2023, because the remaining defendants were corporations, thus, incapable of acting on their own behalf.  The plaintiff voluntarily dismissed her case and refiled on June 6, 2024. The court again dismissed the John Doe defendants for the same reason. The defendants filed a motion for summary judgment for the remaining corporate defendants. In his order, Judge Naumoff held that, pursuant to Clawson v. Heights Chiropractic Physicians, L.L.C., 170 Ohio St.3d 451, 214 N.E.3d 540, 2022-Ohio-4154, an employer cannot be held vicariously liable for an employee’s alleged negligence when all claims against the employee are non-viable or have been extinguished. Judge Naumoff noted: “While it is true, the Plaintiff can file a claim against either the principal of an agent, the Plaintiff cannot recover against a principal if she cannot legally recover against an agent.” In her brief in opposition to the defendants’ motion for summary judgement, the plaintiff made several arguments that were rejected by the court. First, the plaintiff claimed this was a “medical claim,” not a medical malpractice claim and, thus, Clawson does not apply. The court held that Ohio law and Ohio courts make no distinction between medical claims and medical malpractice. The plaintiff also claimed that Clawson does not apply to nursing home claims, to which the court responded that Clawson apples to any employer/employee relationship.  Judge Naumoff criticized the plaintiff’s complaint for being vague, stating that it “contains ninety-five paragraphs of repetitive allegations that throw a few scant facts and a mass of legal standards and legal conclusions together in a hodge-podge.” Further, he reviewed the plaintiff’s expert report and found the physician who reviewed the case only mentioned the nursing home and its staff—there was no mention of any of the named corporate defendants. The court also found that the plaintiff’s expert report did not address causation whatsoever.  Judge Naumoff dismissed all non-negligence claims for failure to state a claim, and he granted our request for summary judgment in favor of all the defendants on the remaining claim of medical negligence because the plaintiff failed to establish a duty of the defendants and/or causation.    Legal Updates for Long-Term Care Liability – April 11, 2025, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2024 Marshall Dennehey. All Rights Reserved.