Dula v. Cincinnati

Citations

• 2021 Ohio 1711

Syllabus

MEDICAL CLAIM – RES JUDICATA – CLAIM PRECLUSION – SERVICE OF PROCESS: The trial court did not err in characterizing plaintiff's claims as medical-malpractice claims where his claims arose out of the medical diagnosis, care, and treatment by defendant doctor. The trial court did not err in holding that plaintiff's claims against defendant county commissioners were barred by claim preclusion where plaintiff's claims involve the same parties, arose out of the same events and transactions that were the subject of a previous final judgment, and could have been litigated in the previous action. The trial court did not err in denying plaintiff's motion for a default judgment where defendant law firm's time to respond to the complaint never began to accrue because plaintiff never perfected service upon defendant law firm.