Helton v. Kettering Medical Ctr.

Citations

• 2026 Ohio 1476

Syllabus

The trial court abused its discretion in granting mental health organization's untimely motion for leave to amend its answer to add an immunity defense under R.C. 2305.51(B). The immunity offered under R.C. 2305.51(B) is not an affirmative defense because the burden of proof is on the injured patient to establish the elements of a R.C. 2305.51(B) cause of action. Additionally, even if an affirmative defense had been available, the mental health organization was not relieved of its duty to timely raise a defense. The mental health organization waived such amendment by waiting until two weeks before trial to amend its answer, after more than fifteen months of litigation had elapsed. The mental health organization offered no explanation regarding the undue delay, and allowing an amendment at that stage was prejudicial to appellant-patient. The court also erred in granting mental health organization's second motion for summary judgment because genuine issues of material fact remained for trial on patient's claims. Judgment reversed and remanded.