MCCARTHY v. LEE (2023)

Supreme Court of Ohio.

MCCARTHY et al., Appellees, v. LEE et al., Appellants.

Nos. 2022-0717 and 2022-0718

Decided: December 28, 2023

Beausay & Nichols Law Firm, T. Jeffrey Beausay, and Sara C. Nichols, Columbus, for appellees, Kathleen McCarthy (deceased) and Brett McCarthy. FisherBroyles, L.L.P., Michael R. Traven, and Robert B. Graziano, Columbus, for appellants, Peter K. Lee, M.D., OhioHealth Colon and Rectal Surgeons, and OhioHealth Physicians Group, Inc.

{¶ 1} The judgment of the Tenth District Court of Appeals is reversed on the authority of Everhart v. Coshocton Cty. Mem. Hosp., ––– Ohio St.3d ––––, 2023-Ohio-4670, ––– N.E.3d ––––.

Brunner, J., dissents for the reasons set forth in her dissenting opinion in Everhart. Kennedy, C.J., and Fischer, DeWine, Donnelly, Stewart, and Deters, JJ., concur.

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