Diller v. Univ. of Toledo College of Med. & Life Sciences

Citations

• 2024 Ohio 5475

Syllabus

Civ.R. 56; R.C. 2743.02(F); R.C. 9.86; partial summary judgment; personal immunity; wrongful death. Where defendant submitted an affidavit from the physician and an accompanying affidavit from the Interim Dean of a state medical school both averring that the physician was employed by the state university, the court found that the physician was a state employee. Further, where the physician was consulted, reviewed plaintiff's presenting symptoms, and ordered a medical procedure at a location included under the university's professional liability insurance, the court found that he was acting within the scope of his state employment as described in the Dean's affidavit as providing clinical services commensurate with his level of training. Therefore, the court held that the physician was entitled to personal immunity under R.C. 9.86 and granted defendant's motion for partial summary judgment.