Ackman v. Mercy Health West Hosp., L.L.C.

Citations

• 2023 Ohio 2075

Syllabus

PROCEDURE/RULES – SERVICE OF PROCESS – AFFIRMATIVE DEFENSES – WAIVER – DUE PROCESS – VICARIOUS LIABILITY – MEDICAL MALPRACTICE: In a medical malpractice action, the trial court's award of summary judgment to and dismissal of defendant physician was proper because plaintiff failed to serve defendant within the statute of limitations and defendants properly raised insufficient-service and insufficient-service-of-process defenses, which were not waived through defendants' participation in the case under Gliozzo v. Univ. Urologists of Cleveland, Inc., 114 Ohio St.3d 141, 2007-Ohio-3762, 870 N.E.2d 714. [See CONCURRENCE: The Ohio Supreme Court should reconsider the Gliozzo rule and adopt the federal waiver by conduct approach as applied by the Sixth Circuit.] Dismissal of defendant physician's employer was proper because plaintiff's vicarious-liability claims could not survive the dismissal of plaintiff's claims against defendant employee physician.