Smith v. Wyandot Mem’l Hosp.
| Decision Date | 25 June 2018 |
| Docket Number | NO. 16-17-07,16-17-07 |
| Citation | 2018 Ohio 2441,114 N.E.3d 1224 |
| Parties | Kyra V. SMITH, Administrator of the Estate of Shawn Smith, Deceased, Plaintiff-Appellant, v. WYANDOT MEMORIAL HOSPITAL, et al., Defendants-Appellees. |
| Court | Ohio Court of Appeals |
William P. Campbell, Mayfield Heights, for Appellant
Douglas G. Leak for Appellee, Wyandot Memorial Hospital
Jeanne M. Mullin, Sandusky, for Appellee, Peter J. Schuler, M.D.
Frederick A. Sewards, Columbus, for Appellees, Smith Clinic, et al.
Taylor C. Knight, Toledo, for Appellees, Findlay Radiology Assoc., Inc., et al.
{¶ 1} Plaintiff-appellant, Kyra V. Smith ("Kyra"), Administrator of the Estate of Shawn A. Smith ("Shawn") (collectively "Shawn's estate"), appeals the December 5, 2017 judgment of the Wyandot County Court of Common Pleas granting summary judgment in favor of defendants-appellees, Wyandot Memorial Hospital ("Wyandot Hospital"), Findlay Radiology Associates, Inc. ("Findlay Radiology"), Young C. Choy, M.D. ("Dr. Choy"), and Peter J. Schuler, M.D. ("Dr. Schuler"), dismissing under Civ.R. 12(B)(6) Shawn's estate's complaint against defendants-appellees, Frederick C. Smith Clinic, Smith Clinic, and Roberto S. Concepcion, M.D. ("Dr. Concepcion"), and dismissing its complaint against Wyandot Specialty Healthcare (collectively "defendants"). We affirm.
{¶ 2} In a previous appeal, this court recited much of the factual and procedural background relevant to this case, and we will not duplicate those efforts here. Smith v. Wyandot Mem. Hosp. , 3d Dist. Wyandot No. 16-14-07, 2015-Ohio-1080, 2015 WL 1289500. In sum, in that case, after Shawn was diagnosed with terminal cancer, Shawn, Kyra, and Shawn and Kyra's three children alleged medical negligence and loss of consortium claims against a number of the same parties named as defendants in this case. Id. at ¶ 3. After the claims against the other named defendants were dismissed, the trial court granted summary judgment in favor of Findlay Radiology and Dr. Choy after concluding that there was no genuine issue of material fact that Shawn, Kyra, and Shawn and Kyra's three children filed their claims beyond Ohio's statute of repose under R.C. 2305.113(C). Id. at ¶ 6. See also id. at ¶ 1, fn. 1. This court affirmed the trial court's decision granting summary judgment in favor of Findlay Radiology and Dr. Choy. Id. at ¶ 19.
{¶ 3} Following that appeal, Shawn succumbed to his cancer on July 22, 2015. (Doc. No. 1). Kyra, Shawn's spouse, was appointed the administrator of Shawn's estate on September 24, 2015. (Id. ).
{¶ 4} On July 21, 2017, Shawn's estate filed a wrongful-death action asserting a medical claim against Wyandot Hospital, Findlay Radiology, Dr. Choy, Dr. Schuler, Dr. Concepcion, OhioHealth Marion Area Physicians ("OhioHealth"), Wyandot Specialty Healthcare, Frederick C. Smith Clinic, and Smith Clinic. (Doc. No. 1).
{¶ 5} Dr. Choy and Findlay Radiology filed their answer on August 7, 2017. (Doc. No. 19). Dr. Concepcion, Smith Clinic, and Frederick C. Smith Clinic filed their answer on August 17, 2017. (Doc. No. 22). Wyandot Hospital filed its answer that same day. (Doc. No. 26). On August 21, 2017, OhioHealth filed its answer. (Doc. No. 29). After he was granted an extension of time to file his answer, Dr. Schuler filed his answer on September 7, 2017. (Doc. No. 36). (See Doc. Nos. 18, 30). Wyandot Specialty Healthcare failed to answer the complaint. (See Doc. No. 49).
{¶ 6} Also on August 17, 2017, Dr. Concepcion, Smith Clinic, and Frederick C. Smith Clinic filed a motion to dismiss Shawn's estate's complaint under Civ.R. 12(B)(6). (Doc. No. 24). On August 30, 2017, Shawn's estate filed a memorandum in opposition to Dr. Concepcion, Smith Clinic, and Frederick C. Smith Clinic's motion to dismiss. (Doc. No. 32). Dr. Concepcion, Smith Clinic, and Frederick C. Smith Clinic filed its reply to Shawn's estate's memorandum in opposition to their motion to dismiss. (Doc. No. 35).
{¶ 7} Wyandot Hospital filed a motion for summary judgment on September 14, 2017. (Doc. No. 37). Dr. Choy and Findlay Radiology filed a motion for summary judgment on October 5, 2017. (Doc. No. 40). On October 10, 2017, Dr. Schuler filed a motion for summary judgment. (Doc. No. 42). OhioHealth filed a motion for summary judgment on October 12, 2017. (Doc. No. 44).
{¶ 8} On October 19, 2017, Shawn's estate voluntarily dismissed its complaint against OhioHealth under Civ.R. 41(A)(1)(a). (Doc. No. 47).
{¶ 9} On October 23, 2017, Shawn's estate filed a memorandum in opposition to Dr. Choy and Findlay Radiology's, Dr. Schuler's, and Wyandot Hospital's motions for summary judgment. (Doc. No. 48).
{¶ 10} On December 5, 2017, the trial court granted Dr. Choy and Findlay Radiology's, Dr. Schuler's, and Wyandot Hospital's motions for summary judgment and Dr. Concepcion, Smith Clinic, and Frederick C. Smith Clinic's motion to dismiss, and dismissed Shawn's estate's complaint against defendants. (Doc. No. 49). In its entry, the trial court also dismissed Shawn's estate's complaint against Wyandot Specialty Healthcare. (See id. at 3, fn. 1). In dismissing Shawn's estate's complaint, the trial court concluded that Shawn's estate's wrongful-death action asserted a medical claim and was barred by Ohio's medical-malpractice statute of repose.
{¶ 11} Shawn's estate filed its notice of appeal on December 20, 2017. (Doc. No. 50). It raises two assignments of error for our review.
{¶ 12} In its first assignment of error, Shawn's estate argues that the trial court erred by dismissing its wrongful-death claim against Wyandot Hospital, Findlay Radiology, Dr. Choy, Dr. Schuler, Frederick C. Smith Clinic, Smith Clinic, and Dr. Concepcion after concluding that Ohio's medical-malpractice statute of repose bars Shawn's estate's wrongful-death action. Specifically, Shawn's estate argues that the trial court erred by applying Ohio's medical-malpractice statute of repose under R.C. 2305.113(C) to bar a wrongful-death action under R.C. 2125.01.
{¶ 13} Because the trial court dismissed Shawn's estate's wrongful-death action using two procedural vehicles—summary judgment and Civ.R. 12(B)(6) —we must apply different standards to review the methods of dismissal. We review a decision to grant summary judgment and a judgment on a Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted de novo. Doe v. Shaffer , 90 Ohio St.3d 388, 390, 738 N.E.2d 1243 (2000) ; Bd. of Health of Defiance Cty. v. McCalla , 3d Dist. Defiance No. 4-12-07, 2012-Ohio-4107, 2012 WL 3893579, ¶ 33, citing Perrysburg Twp. v. Rossford , 103 Ohio St.3d 79, 2004-Ohio-4362, 814 N.E.2d 44, ¶ 5. "Under de novo analysis, we are required to ‘accept all factual allegations of the complaint as true and draw all reasonable inferences in favor of the nonmoving party.’ " McBroom v. Safford , 10th Dist. Franklin No. 11AP-885, 2012-Ohio-1919, 2012 WL 1530981, ¶ 9, quoting Grey v. Walgreen Co. , 8th Dist. Cuyahoga, 197 Ohio App.3d 418, 2011-Ohio-6167, 967 N.E.2d 1249, ¶ 3, citing Byrd. v. Faber , 57 Ohio St.3d 56, 565 N.E.2d 584 (1991).
{¶ 14} Summary judgment is proper where there is no genuine issue of material fact, the moving party is entitled to judgment as a matter of law, and reasonable minds can reach but one conclusion when viewing the evidence in favor of the non-moving party, and the conclusion is adverse to the non-moving party. Civ.R. 56(C) ; State ex rel. Cassels v. Dayton City School Dist. Bd. of Edn. , 69 Ohio St.3d 217, 219, 631 N.E.2d 150 (1994).
{¶ 15} "A [ Civ.R. 12(B)(6) ] motion to dismiss for failure to state a claim upon which relief can be granted is procedural and tests whether the complaint is sufficient." McCalla at ¶ 33, citing State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs. , 65 Ohio St.3d 545, 548, 605 N.E.2d 378 (1992). "In order for a trial court to grant a motion to dismiss for failure to state a claim upon which relief can be granted, it must appear ‘beyond doubt from the complaint that the plaintiff can prove no set of facts entitling her to relief.’ " McBroom at ¶ 7, quoting Grey at ¶ 3, citing LeRoy v. Allen, Yurasek & Merklin , 114 Ohio St.3d 323, 2007-Ohio-3608, 872 N.E.2d 254, ¶ 14.
{¶ 16} The trial court dismissed Shawn's estate's wrongful-death action against Wyandot Hospital, Findlay Radiology, Dr. Choy, Dr. Schuler, Frederick C. Smith Clinic, Smith Clinic, and Dr. Concepcion after concluding that its claim is barred by Ohio's medical-claim statute of repose. Accordingly, we must determine whether Ohio's medical-claim statute of repose applies to wrongful-death actions under R.C. Chapter 2125.
{¶ 17} Under the rules of statutory interpretation, " ‘[t]he paramount goal in the interpretation or construction of a statute is to ascertain and give effect to the legislature's intent in enacting the statute.’ " Antoon v. Cleveland Clinic Found. , 148 Ohio St.3d 483, 2016-Ohio-7432, 71 N.E.3d 974, ¶ 20, quoting Brooks v. Ohio State Univ. , 111 Ohio App.3d 342, 349, 676 N.E.2d 162 (10th Dist.1996). "To determine legislative intent, we must first examine the plain language of the statute." Id. , citing State ex rel. Burrows v. Indus. Comm. , 78 Ohio St.3d 78, 81, 676 N.E.2d 519 (1997). " ‘[W]e must apply a statute as it is written when its meaning is unambiguous and definite.’ " Id. , quoting Portage Cty. Bd. of Commrs. v. Akron , 109 Ohio St.3d 106, 2006-Ohio-954, 846 N.E.2d 478, ¶ 52, citing State ex rel. Savarese v. Buckeye Local School Dist. Bd. of Edn. , 74 Ohio St.3d 543, 545, 660 N.E.2d 463 (1996). " ‘An unambiguous statute must be applied in a manner consistent with the plain meaning of the statutory language * * *.’ " Id. , quoting Burrows at 81, 676 N.E.2d 519.
{¶ 18} Applying the rules of statutory interpretation, the Supreme Court of...
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