Horn v. Cherian
Citations
- 211 N.E.3d 728
- 2023 Ohio 931
Syllabus
Small claims medical malpractice derivative claim loss of consortium expenditures motion to dismiss Civ.R. 12(B)(6) standing affidavit of merit Civ.R. 10(D) common knowledge exception damages mental anguish attorney fees litigation costs litigation expenses collateral litigation dismissal with prejudice motion to reconsider. The plaintiff's small claims complaint alleged that the defendant doctor negligently used an online health management system to communicate with the plaintiff's spouse during the spouse's treatment. These communications allegedly caused the doctor's employer to remove the spouse as a patient, leaving her without needed medical care. The plaintiff alleged that he and his spouse filed other litigation to attempt to undo that care decision and had suffered mental anguish. We affirmed the municipal court's dismissal, with prejudice, of the plaintiff's malpractice claim against the doctor the plaintiff lacked standing to assert a malpractice claim where he was not the doctor's patient. After considering the concise, nontechnical nature of small claims complaints, we read the plaintiff's complaint to assert derivative medical claims for loss of consortium and expenditures. We found that it was error for the municipal court to dismiss those claims with prejudice for lack of standing and for being outside the court's subject-matter jurisdiction. But where the plaintiff did not file an affidavit of merit and waived any argument that Civ.R. 10(D) does not apply to small claims matters, we agreed that the complaint was deficient and remanded the matter with instructions for the municipal court to dismiss the derivative claims without prejudice for lack of an affidavit of merit. We affirmed the dismissal, with prejudice, of the plaintiff's prayer for damages attributable to legal expenses and attorney fees related to collateral litigation these were not cognizable compensatory damages for loss of consortium or expenditures under the facts of the case and we
Judges: E.A. Gallagher
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2 cases in this archive cite this case.
Cites
37 cases in this archive are cited by this case; the 20 most cited are listed.
- State ex rel. Ohio Academy of Trial Lawyers v. ShewardOhio Supreme Court· 1999-08-16· cited 542×
- York v. Ohio State Highway PatrolOhio Supreme Court· 1991-06-12· cited 528×
- State ex rel. Tubbs Jones v. SusterOhio Supreme Court· 1998-12-02· cited 504×
- Bruni v. TatsumiOhio Supreme Court· 1976-05-05· cited 480×
- Bowen v. Kil-Kare, Inc.Ohio Supreme Court· 1992-02-26· cited 250×
- Thomas v. FreemanOhio Supreme Court· 1997-07-16· cited 183×
- Wilborn v. Bank One Corp.Ohio Supreme Court· 2009-02-03· cited 179×
- State ex rel. Everhart v. McIntoshOhio Supreme Court· 2007-09-20· cited 162×
- Nova Research, Inc. v. Penske Truck Leasing Co.Court of Appeals of Maryland· 2008-07-25· cited 112×
- Fletcher v. University HospitalsOhio Supreme Court· 2008-10-23· cited 96×
- State ex rel. Scott v. City of ClevelandOhio Supreme Court· 2006-12-20· cited 90×
- Erwin v. BryanOhio Supreme Court· 2010-05-25· cited 61×
- Northpoint Properties, Inc. v. PetticordOhio Court of Appeals· 2008-11-20· cited 52×
- Grey v. Walgreen Co.Ohio Court of Appeals· 2011-12-01· cited 50×
- State ex rel. Boggs v. Springfield Local School Dist. Bd. of Edn.Ohio Supreme Court· 1995-04-26· cited 37×
- Graham v. City of LakewoodCourt of Appeals of Ohio, Eighth District, Cuyahoga County· 2018-05-10· cited 36×
- State Ex Rel. Arcadia Acres v. Ohio Department of Job & Family ServicesOhio Supreme Court· 2009-08-26· cited 35×
- Troyer v. JanisOhio Supreme Court· 2012-06-05· cited 32×
- Woods v. SharkinOhio Court of Appeals· 2022-06-09· cited 31×
- Torrance v. RomOhio Court of Appeals· 2020-08-06· cited 27×
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