SCHUSTER v. DURRANI (2020)

Supreme Court of Ohio.

SCHUSTER, Appellee, v. DURRANI et al., Appellants, et al.

No. 2020-1064

Decided: December 31, 2020

Robert A. Winter Jr.; and The Deters Law Firm Co. II, P.A., James F. Maus, and Alex Petraglia, for appellee. Taft Stettinius & Hollister, L.L.P., Aaron M. Herzig, Russell S. Sayre, Philip D. Williamson, and Anna M. Greve, Cincinnati, for appellants, Abubakar Atiq Durrani, M.D., and Center for Advanced Spine Technologies, Inc.

{¶ 1} The judgment of the First District Court of Appeals is reversed on the authority of Wilson v. Durrani, ––– Ohio St.3d ––––, 2020-Ohio-6827, ––– N.E.3d ––––, and the cause is remanded to that court for it to consider appellee Ronald Schuster's arguments that it previously declined to address.

O'Connor, C.J., and Kennedy, French, Gwin, and Klatt, JJ., concur. Stewart, J., concurs based only on stare decisis. Donnelly, J., dissents and would affirm the judgment of the court of appeals for the reasons set forth in Justice Stewart's dissenting opinion in Wilson. W. Scott Gwin, J., of the Fifth District Court of Appeals, sitting for Fischer, J. William A. Klatt, J., of the Tenth District Court of Appeals, sitting for DeWine, J.

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