Peake v. The Ohio State University Wexner Medical Center, 012819 OHCOC, 2017-00547JD

Docket Nº:2017-00547JD
Opinion Judge:PATRICK M. McGRATH JUDGE
Party Name:SCHALAINE PEAKE Plaintiff v. THE OHIO STATE UNIVERSITY WEXNER MEDICAL CENTER Defendant
Judge Panel:Holly True Shaver, Magistrate Judge
Case Date:January 28, 2019
Court:Court of Claims of Ohio
 
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2019-Ohio-508

SCHALAINE PEAKE Plaintiff

v.

THE OHIO STATE UNIVERSITY WEXNER MEDICAL CENTER Defendant

No. 2017-00547JD

Court of Claims of Ohio

January 28, 2019

Sent to S.C. Reporter 2/13/19

Holly True Shaver, Magistrate Judge

ENTRY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

PATRICK M. McGRATH JUDGE

{¶1} On November 26, 2018, defendant Ohio State University Wexner Medical Center (OSU Wexner) filed a motion for summary judgment pursuant to Civ.R. 56(B). Plaintiff Schalaine Peake has not filed a response. The motion is now before the court for a non-oral hearing pursuant to L.C.C.R. 4(D). For the reasons stated herein, defendant's motion is granted.

{¶2} Motions for summary judgment are reviewed under the standard set forth in Civ.R. 56(C), which states, in part, as follows: Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact, if any, timely filed in the action show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. A summary judgment shall not be rendered unless it appears from the evidence or stipulation, and only from the evidence or stipulation, that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, that party being entitled to have the evidence or stipulation construed most strongly in the party's favor.

When a moving party makes a properly supported motion for summary judgment, the adverse party may not rest upon the mere allegations or denials in the pleadings but "by affidavit, or as otherwise provided * * * must set forth specific facts showing that there is a genuine issue for trial." Civ.R. 56(E). "If the party does not respond, summary judgment, if appropriate, shall be entered against the party." Id.

{¶3} Plaintiff alleges that she fell and sustained injuries due to the negligence of defendant. On June 20, 2015, plaintiff fell in an elevated walkway connecting Ross Heart Hospital and the...

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