974 N.E.2d 1291 (Ohio Com.Pl. 2011), 2011 CVI 04242, Burns v. Cleveland Clinic Foundation

Docket Nº:2011 CVI 04242.
Citation:974 N.E.2d 1291
Opinion Judge:STOKES, ANGELA R., Judge.
Party Name:Robert J. BURNS, Plaintiff v. CLEVELAND CLINIC FOUNDATION, Defendant.
Attorney:Plaintiff, pro se. Cheryl O'Brien, Cleveland, counsel for defendant.
Case Date:December 23, 2011
Court:Municipal Court of Ohio

Page 1291

974 N.E.2d 1291 (Ohio Com.Pl. 2011)

Robert J. BURNS, Plaintiff



No. 2011 CVI 04242.

Cleveland Municipal Court, Ohio.

December 23, 2011

Page 1292

Plaintiff, pro se.

Cheryl O'Brien, Cleveland, counsel for defendant.


Magistrate William F.B. Vodrey's decision, including findings of fact and conclusions of law, is hereby approved and confirmed.

Defendant's motion for summary judgment is now denied. Civ.R. 56(C).

Judgment is rendered for plaintiff on the complaint and against defendant in the amount of $800.00, with interest at the rate of 4.00% per annum from date of judgment, plus costs.

Findings of Fact

The evidence at trial showed that, on January 31, 2010, plaintiff was doing some carpentry work in his home and got a small wood chip in his eye. He thought it might come out on its own, but it didn't, and his eye became increasingly irritated. On the afternoon of the next day, February 1, 2010, plaintiff went to Hillcrest Hospital, a facility owned and operated by defendant. Dr. Robert Weinland was the emergency room physician on duty when plaintiff came in, but plaintiff testified that he never saw or spoke to Dr. Weinland. Instead, he was exclusively treated by a Mr. Foy (first name unknown), a physician's assistant who, for more than an hour, did his best to find and remove the wood chip but failed. Plaintiff was referred for a computed tomography (hereinafter " CT" ) scan, which was duly performed. Shortly afterwards, plaintiff was referred to Dr. Sheldon M. Oberfeld, another Hillcrest physician, who was able to quickly find and remove the wood chip.

Plaintiff disputed defendant's billing, since the CT scan seemed to him to play little or no role in the medical treatment he received. His wife handles the household finances, and unbeknownst to him paid an $800.00 bill for his treatment. Plaintiff has, to date, declined to pay the $1002.00 balance. Defendant later gave plaintiff a $403.65 insurance adjustment for services already rendered.

Dr. Raymond J. Leone, D.O., an osteopath, appeared at trial as a witness for plaintiff. Dr. Leone explained that, in modern American medical practice, osteopaths can do everything that M.D.s can do. He has worked in urgent care centers and emergency rooms on many occasions, and has treated patients for...

To continue reading