Foy v. Ohio Dept. of Rehab. & Corr.

Citations

• 2017 Ohio 1065

Syllabus

Court of Claims did not err in construing inmate's claim against DRC as a medical claim where the inmate alleged that his eyesight was worsening due to the negligence of a DRC physician in failing to approve a consultation with a corneal specialist. The Court of Claims granted summary judgment in favor of DRC because the inmate did not produce expert testimony to rebut the affidavit of a DRC physician who opined that the inmate's bilateral corneal opacity was not the cause of his diminishing eyesight and that a consultation was not medically necessary. It was not an abuse of discretion for the Court of Claims to allow DRC to withdraw admissions arising out of its failure to timely respond to a request for admissions. Judgment affirmed.