Feagan v. Bethesda N. Hosp.

Citations

• 2024 Ohio 166

Syllabus

SANCTIONS — FRIVOLOUS CONDUCT — R.C. 2323.51 — CIV.R. 11 — CIV.R. 10(D)(2) — AFFIDAVIT OF MERIT: Where appellant attorney filed several medical-malpractice complaints without the affidavits of merit or motions to extend required by Civ.R. 10(D)(2) and then voluntarily dismissed the actions under Civ.R. 41, the trial court erred in awarding sanctions against appellant attorney when there was no evidence that the underlying claims lacked merit and it cannot be said that no reasonable attorney would engage in the strategy employed by counsel based on existing law. [But see DISSENT: The trial court did not err in awarding sanctions where the attorney willfully violated the Ohio Rules of Civil Procedure.]