Estate of Crnjak v. Lake Hosp. Sys. Inc.

Citations

• 245 N.E.3d 319
• 2024 Ohio 1977

Syllabus

Medical negligence wrongful death R.C. 2125.01 R.C. 2125.02 standing capacity personal representative estate administrator Civ.R. 15 Civ.R. 17 relation back statute of limitations motion for summary judgment Civ.R. 56 motion for directed verdict motion for judgment notwithstanding the verdict closing arguments abuse of discretion. The trial court properly denied defendant-appellant's motion for summary judgment where the plaintiff had standing to commence a wrongful death action. Where the defect in plaintiff's capacity to commence the action was corrected with an amended complaint pursuant to Civ.R. 15, the amended complaint related back to the original filing and the action was therefore not time barred. Likewise, the trial court properly denied defendant-appellant's motion for directed verdict on this basis. The trial court properly denied defendant-appellant's motion for judgment notwithstanding the verdict where sufficient evidence, including expert testimony, was presented at trial to show that the hospital had inadequate notification policies. Plaintiff's counsel's comments during closing arguments were not so heinous as to prejudice defendant-appellant and therefore, the trial court did not abuse its discretion in permitting the comments.