Cobbin v. Cleveland Clinic Found.

Citations

• 2019 Ohio 3659

Syllabus

Motion for a new trial error of law vicarious liability standard of care. The trial court's judgment denying the plaintiffs' motion for a new trial was affirmed. The trial court's response to the jury's question during deliberations that they could not find the hospital negligent if they did not find the doctor negligent was not error. While it is true that hospitals can be vicariously liable for the negligence of its nurses even if the plaintiff did not name the nurses in the complaint, the plaintiff here failed to present evidence at trial establishing that the nurses breached their duty or violated their standard of care when caring for the plaintiff.