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MAROTTO v. OHIO STATE UNIV. MED. CTR.

No. 12AP-27.

2012 Ohio 6158

Mario Marotto, a Minor, by and through his mother Deborah Marotto et al., Plaintiffs-Appellees, v. The Ohio State University Medical Center, Defendant-Appellee, [David Bell, M.D., Appellant.]

Court of Appeals of Ohio, Tenth District, Franklin County.

December 27, 2012.

Attorney(s) appearing for the Case

Leeseberg & Valentine, Gerald S. Leeseberg and Susie L. Hahn, for appellees Mario Marotto, Deborah Marotto and Howie Marotto.

Michael DeWine, Attorney General, and Karl W. Schedler, for appellee The Ohio State University Medical Center.

The Triona Firm, James P. Triona and Paul J. Vollman, for appellant David Bell, M.D.

DECISION

BRYANT, J.

{¶1} David Bell, M.D., appeals from a judgment of the Court of Claims of Ohio denying him immunity pursuant to R.C. 9.86 and 2743.02(F). Because the Court of Claims failed to allow Dr. Bell to participate as the relevant statute provides, we reverse.

I. Facts and Procedural History

{¶2} In February 2011, Deborah Marotto, Howie Marotto and Mario Marotto filed a complaint against appellee...

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