Lukie v. Doctor's Hospital, 010819 OHCA10, 17AP-634

Docket Nº:17AP-634
Opinion Judge:HORTON, J.
Party Name:Rhonda Lukie, et al., Plaintiffs-Appellants, v. Doctor's Hospital, et al., Defendants-Appellees.
Attorney:Elk & Elk Co., Ltd. and R. Craig McLaughlin, for appellants. Baker & Hostetler, LLP and Robert J. Tucker, for appellees. R. Craig McLaughlin. Robert J. Tucker.
Judge Panel:TYACK and BRUNNER, JJ., concur.
Case Date:January 08, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-28

Rhonda Lukie, et al., Plaintiffs-Appellants,

v.

Doctor's Hospital, et al., Defendants-Appellees.

No. 17AP-634

Court of Appeals of Ohio, Tenth District

January 8, 2019

APPEAL from the Franklin County Court of Common Pleas, C.P.C. No. 15CV-10672

On brief:

Elk & Elk Co., Ltd. and R. Craig McLaughlin, for appellants.

Baker & Hostetler, LLP and Robert J. Tucker, for appellees.

Argued:

R. Craig McLaughlin.

Robert J. Tucker.

DECISION

HORTON, J.

{¶ 1} Rhonda and Steven Lukie are appealing from the granting of summary judgment against their claims based on professional negligence. They assign a single error for our consideration: THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT IN FAVOR OF APPELLEES.

{¶ 2} Rhonda Lukie had surgery performed at Doctor's Hospital. After the surgery was performed, Rhonda and her husband, Steven Lukie, learned that personnel at the hospital had not sterilized the equipment used to perform the surgery. This was a major concern for both of the Lukies and for professional staff at the hospital. The risk of Rhonda getting a serious and possibly incurable infection was very real.

{¶ 3} As a result, the hospital engaged in an extended protocol to determine if Rhonda had contracted a bacterial infection, HIV, and/or hepatitis. Blood draws were performed over a period of six months to see if Rhonda was infected. The draws did not demonstrate the existence of the feared infection. Before the blood draws proved negative, Rhonda and her husband were frequently in a state of emotional distress.

{¶ 4} The Lukies filed suit. Doctor's Hospital defended and alleged that, because Rhonda did not acquire any of the feared infections, she and her husband could not recover on the lawsuit. The common pleas judge assigned to the case agreed and granted summary judgment for the benefit of the hospital and related parties.

{¶ 5} Appellate review of summary judgment motions is de novo. Helton v. Scioto Cty. Bd. of Commrs., 123 Ohio App.3d 158, 162 (4th Dist.1997). "When reviewing a trial court's ruling on summary judgment, the court of appeals conducts an independent...

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